Fibe Noc
Fibe Noc
You can avail a loan from the Lender by submitting this Application Form, which shall be facilitated
by the Technology Facilitator through the technology platform Fibe at Unit No 404, The Chambers,
Viman Nagar, Pune- 411014.
APPLICATION FORM NO /
LAI1007442212
TRANSACTION ID:
LENDER: Lender 1 - Kisetsu Saison Finance (India)
Private Limited. Lender 1 shall disburse 80%
of the Loan.
Lender 2 - Early Salary Services Private
Limited. Lender 2 shall disburse 20% of the
Loan.
Lender 1 and Lender 2 shall collectively be
referred to as “Lender”.
TRANSACTIONFACILITATOR / ONLINE Social Worth Technologies Private Limited
FACILITY / Lending Service Provider (LSP) ("FIbe"), through its technology app and
/ Digital Lending App (DLA): website operated under the brand name Fibe
(Formerly known as EarlySalary) (the
"Platform").
NAME: SUBRAMANYA SRINATH SHREYAS
DATE OF BIRTH: 2000-08-03
GENDER: Male
MARITAL STATUS: Married
OCCUPATION: SALARIED
PAN No: LMMPS0865G
KYC DOCUMENT: PAN CARD,
ADDRESS: SO KS Srinath NO 9
KANASU 18TH CROSS
SANTOSH VIHAR PH,JAKKUR
LAYOUT GKVK Bangalore
Bangalore North
Karnataka,BENGALURU
URBAN,KA,560065
PHONE NUMBER: 9886215351
EMAIL: shreyascool99@gmail.com
NAME OF BANK: ICICI Bank
BANK A/C NO AND IFSC 041101004304 ICIC0000411
NAME OF RELATED PERSON: NA
PHONE NUMBER OF RELATED PERSON: NA
I understand the most important terms and conditions (“MITC”) of the drawdown loan facility to be
provide to me, if approved by Lender as per the internal policies, and facilitated through the Online
Facility, i.e., the Early Salary Platform, shall be as specified below (“Loan” / “Drawdown Loan
Facility”)
Date: 2024-04-17
I/We refer to “Application No. LAI1007442212 , MITC along with the Standard Terms and
Condition. I/We have been provided the following MITC and agree with the same and have
accordingly filled up the aforesaid Application Form and made an application for Loan to Lender
facilitated by Online Facility
- Early Salary:
(v) Total amount to be paid by the borrower (sum of (i) and 55425.00
(ii)) (in Rupees)
Other disclosures
Cooling-off/look-off period (The Borrower can within the 5
(xvii) cooling-off/ look-up period exits the loan by paying the principal
and the proportionate APR without any penalty.)
(xviii) Details of Lending Service Provider (LSP) acting as recovery
agentand authorized to approach the borrower NA
Name, designation, address and phone number of nodal (2) Grievance Redressal
(xix) grievance redressal officer designated specifically to deal with Officer detailsof Kisetsu
Fintech/digitallending related companies’ issues Saison Finance (India) Private
Limited:
Name- Preethi Nair Contact
No- 9962003070
Email-
grievance@creditsaison-
in.com/preethi.nair@creditsaison
- in.com
Applicants understand and agrees that the Lender may, at any time, without assigning any reason, cancel
the undisbursed portion of the Drawdown Loan Facility and also recall any or all portion of the disbursed
Loan on demand. Upon such recall, the Loan and other amounts stipulated by the Lender shall be payable
forthwith.
1. The collection and recovery activities shall be carried on by the Lending Service Provider in
accordance with the Collection Code of Conduct prescribed by the lender.
2. The Borrower shall note 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. To further clarify, an
illustrative example of the way any account shall be classified as NPA is provided in the loan
document.
S. No. Documents from the Applicant and the Co-Applicant (if any) Status
1. PAN Card or Form 60
13. I / We further agree that the Loan shall be governed by the Standard Terms and Conditions as
specified above. I / We confirm having received a copy of the Standard Terms and Conditions.
I/We further confirm that he/she/they have read and understood the terms and conditions
mentioned in the Standard Terms and Conditions applicable to this Loan and accept the said
Standard Terms and Conditions unconditionally and agree that these terms and conditions may
be changed by LENDER at any time and accordingly he/she/they will be bound by the amended
terms and conditions.
14. I/We confirm that my/our annual household income, that is to say, the annual income of
my/our family unit, i.e., husband, wife, and unmarried children, is more than Rs.3 lakhs,
and therefore, my/our borrowing of the present facility, Loan does not qualify to be a
microfinance loan under the Reserve Bank of India (Regulatory Framework for
Microfinance Loans) Directions, 2022.
15. I/We understand that the collection, recovery activities shall be carried on by the Lending
Service Provider in accordance with the Collection Code of Conduct prescribed by the Lender.
I/We also understand that the collection agencies will reach out on behalf of the Lending
Service Provider at the registered contact number and/or address of the Borrower.
16. I understand and agree that any lending done through the DLA / EarlySalary shall be reported to
Credit Information Companies irrespective of its nature/ tenor.
All the charges indicated above or elsewhere in the Loan Agreement shall be inclusive of all taxes and
statutory levies as may be applicable on same including without limitation tax on goods and services
with cess.
Applicant can only request for disbursement only if (a) no Event of Default or potential event of default
has occurred or is continuing, (b) Drawdown Request during the Term for an amount not exceeding the
Drawing Power has been submitted by the Borrower and (c) no material adverse event in the opinion of
the Lender has occurred.
The Applicant’s request for the Drawdown Loan Facility under the Application Form and each
Drawdown Request shall be irrevocable unless rejected by the Lender.
i. All capitalised terms mentioned in one part of this Application Form shall have the same meaning
across all the parts of the Application Form. In the event of any change of address for
communication, any change in my/our job, profession, the same shall be intimated by me/us to
LENDER, one month in advance.
i. The interest rate would be computed on daily balance basis and charged on monthly rests at the
rate as set out above. Interest rates are subject to change at any point of time at the sole discretion
of LENDER or pursuant to directions issued by RBI or other regulatory/statutory bodies.
ii. I / We further acknowledge that the Loan shall be governed by the Standard Terms and
Conditions as specified at https://www.creditsaison.in/terms-conditions. I / We confirm having
received a copy of the Standard Terms and Conditions. I/We further confirm that he/she/they
have read and understood the terms and conditions mentioned in the Standard Terms and
Conditions applicable to this Loan and accept the said Standard Terms and Conditions
unconditionally and agree that these terms and conditions may be changed by LENDER at any
time and accordingly he/she/theywill be bound by the amended terms and conditions.
iv. I/We are aware that the Application Form, Standard Terms and Conditions and other incidental
documents executed by me/us integrate all the conditions mentioned herein or incidental thereto,
and supersede all negotiations or prior writings, except for those provisions specified herein. In
the event of any conflict between the terms, conditions and provisions of MITC, Standard Terms
and Conditions and any document executed incidental thereto, then in such an event the terms,
conditions and provisions mentioned in MITC shall prevail.
v. I agree that the loan account shall be classified as Non-Performing Asset (NPA) as per the extant
RBI Circulars/Regulations when the payment of instalment (principal and/or interest) remains
overdue for more than 90 days, that is, the loan account will be marked as NPA on the 91st day of
continuous default from the original Due Date. For example, If the due date of a loan account is
March 31, 2021, and full dues are not received before the lending institution runs the day-end
process for this date, the date of overdue shall be March 31, 2021. If it continues to remain
overdue, then this account shall get tagged as SMA-1 upon running the day-end process on April
30,2021 i.e., upon completion of 30 days of being continuously overdue. Accordingly, the date of
SMA-1 classification for that account shall be April 30, 2021. Similarly, if the account continues
to remain overdue, it shall get tagged as SMA2 upon running day-end process on May 30, 2021,
and if it continues to remain overdue further, it shall get classified as NPA upon running day-end
process on June 29, 2021.
By clicking "I Accept", I electronically make this Application and agrees to be legally bound by these
terms and the Standard Terms and Conditions.
For any queries, write to Early Salary at care@earlysalary.com and/or us at
grievance@creditsaison-in.com or preethi.nair@creditsaison-in.com or call
1800- 1038-961.
1.A. Definitions:
In these Standard Terms and Conditions, unless there is anything repugnant to the subject or context
thereof, the expressions listed below, if applicable, shall have the following meanings:
i. "Application Form" means, as the context may permit or require, the Application Form
submitted by the Borrower/s to LENDER for applying for and availing of the Loan, together
with all other information, particulars, clarifications and declarations, if any, furnished by the
Borrower/s or any other persons from time to time in connection with the Loan.
ii. "Borrower/s" means and refers jointly and severally to the applicants and co- applicants (if
any) who has / have been sanctioned/granted the Loan by LENDER based on the Application
Form submitted by such applicants and co-applicants to LENDER for availing of the Loan and
includes depending on the nature of the Borrower/s: (a) its successors and permitted assigns, if
the Borrower/s is a company within the meaning of the Companies Act 1956 or a society
registered under the applicable laws relating to societies; (b) any or each of the partners and
their survivor(s) or the partner(s) from time to time and their respective heirs, legal
representatives, executors, administrators and permitted assigns, if the Borrower/s is partnership
firm within the meaning of the Indian Partnership Act, 1932; (c) his / her heirs, legal
representatives, executors, administrators and permitted assigns, if the Borrower/s is an
individual and/or carrying on business as a sole proprietary concern; (d) the Karta and any or
each of the adult members of the HUF and their survivor(s) and his/ her / their respective heirs,
legal representatives, executors, administrators and permitted assigns, if the Borrower/s is a
joint Hindu Undivided Family; and (e) the trustee(s) for the time being thereof and the
successors and permitted assigns of the trust/trustees, if the Borrower/s is a trust.
vi. “Penal Charges" shall mean the additional amount payable by the Borrower/s to LENDER on
account of any delay in payment of any Instalment and intimated to the Borrower/s.
vii. "Drawdown Request" / "Drawdown" means a request from the Borrower/s in a form and
manner acceptable to LENDER for seeking disbursement of tranche under the Loan.
viii. "Effective Date" means unless specified otherwise, the date of disbursement of the Loan to the
Borrower as mentioned in the MITC/Application Form.
ix. "Events of Default" means and includes the occurrence of any one or more of the events of
default as stipulated in Paragraph 7.
x. "Fee" means the aggregate amount payable by the Borrower to LENDER as per the details
provided in the Application Form/MITC towards the documentation fee, servicing fee, loan
processing fee and the registration fee and such other fee as mentioned in the MITC or notified
by LENDER to the Borrower from time to time.
xi. "Standard Terms and Conditions" means these Standard Terms and conditions for thegrant of
the Loan to the Borrower by LENDER.
xii. "Governmental Authority" means the Government of India or any other state of the Union of
India or any department thereof, any quasi-governmental or judicial or quasi- judicial person in
India or any person (whether autonomous or not) who is charged withthe administration of an
Indian law.
xiii. "Indebtedness" means any indebtedness whatsoever of the Borrower/s at any time for or in
respect of monies borrowed, contracted or raised (whether or not for cash consideration) or
liabilities contracted by whatever means (including under guarantees, indemnities, acceptance,
credits, deposits, hire-purchase and leasing).
xiv. "instalments" means unless otherwise specified in the Loan Documents, theinstalments of the
amount consisting of principal and interest spread throughout the tenure of the Loan separated
by a period which are due and payable towards Repayment of the Loan, more particularly
detailed in the MITC.
xviii. "Loan" means the loan/financial assistance sanctioned in the form of a credit limit facility by
LENDER to the Borrower pursuant to receipt of a duly filled in Application Form for the
purposes mentioned in the Application Form and/or the MITC.
xix. "Loan Documents" mean the Application Form, Standard Terms and
Conditions, declaration, MITC and include all writings and other documents executed or
entered into or to be executed or entered into, by the Borrower/s or as the case may be, in
relation, or pertaining to the Loan and each such Loan Documents as amended from time to
time.
xx. "Loan Terms" means and refers collectively to (a) all the terms and conditions set out in the
Application Form, (b) these Standard Terms and Conditions, (c) all terms and conditions
specified in the MITC and (d) all terms and conditions specified in the other Loan Documents.
xxi. "Material Adverse Effect" means the effect or consequence of any event or circumstance
which is or is likely to be: (a) adverse to the ability of the Borrower/s or any person to perform
or comply with any of their respective obligations under the Loan Terms in accordance with
their respective terms; or (ii) prejudicial to any of the businesses, operations or financial
condition of the Borrower/s or of any person who is party to any Loan Documents.
xxii. "Most Important Terms and Conditions" or " MITC" means the document containing the
salient terms and conditions, pertaining to the Loan availed, which is accepted/confirmed by the
Borrower for consideration and processing by LENDER.
xxiv. "Pre-Instalment Interest" ("PII") means the amount payable by the Borrower at the interest
indicated in MITC on the Loan from the Effective Date to the date immediately prior to the date
of commencement of Instalment.
xxix. "Repayment Schedule" means the schedule of repayment of the principal amount of Loan and
Interest thereon in the amounts and the dates, specified in the MITC.
xxx. "Sanction Letter" means any document issued by LENDER sanctioning the Loan containing
the salient terms and conditions, pertaining to the Loan availed and accepted/confirmed by the
Borrower. The MITC shall also be treated as a sanctionletter.
i. all approvals, permissions, consents or acceptance required from LENDER for any matter
shall require the "prior" and "written" approval, permission, consent or acceptance of LENDER.
ii. in the event of any disagreement or dispute between LENDER and the Borrower/s regarding
the materiality of any matter including of any event, occurrence, circumstance, change, fact,
information, document, authorisation, proceeding, act, omission, claims, breach, default or otherwise,
the opinion of LENDER as to the materiality of any of the foregoing shall be final and binding on the
Borrower/s.
iii. All capitalised terms used but not specifically defined herein shall have the respective
meanings ascribed to them under the Application Form.
2.1. Sanction of Loan: LENDER may agree to grant the Loan to the Borrower/s on the basis of
the information and representations provided in the Application Form and other Loan Documents.
Grant of the Loan and acceptance of the Borrower’s request and Application Form shall be at the
absolute discretion of the LENDER.
2.2. Amount of Loan: The principal amount of the Loan applied for / availed of by the
Borrower/s shall be the amount specified in the Application Form. Once the ApplicationForm is
accepted by LENDER, the disbursement shall be through the agreed mode of disbursement in the
Application Form. LENDER shall not be obliged to provide any written acceptance to the request of
the Borrower/s as contained in the Application Form or any other Loan Documents and may do so
orally or by disbursement of a Loan (or a part thereof) requested there under by the Borrower.
2.3. The Loan, sanctioned in the form of credit limit facility, can be availed in tranches subject to
the condition that the total limit availed shall not exceed the maximum limit specified in MITC /
Sanction Letter. Once a limit (which is availed) is repaid the principal amount repaid will be re-
instated to the original sanctioned Loan amount. Limit will be valid for a fixed tenure to begin with,
and basis usage and Borrower behaviour. The Borrower may request for disbursement of a tranche
under the Loan if (a) no Event of Default or potential event of default has occurred or is continuing,
(b) no material adverse event in the opinion of LENDER has occurred.
3.1. The Borrower/s shall be liable to pay Interest on the Loan at the Rate of Interest as applicable
to the Borrower from time to time and on the date(s) as specified in the MITC oras amended by
LENDER in writing from time to time. The Interest shall be calculated on a daily balance of the
outstanding Loan. The Interest on the Loan shall begin to accrue from the date of
disbursement/Drawdown.
3.3. On account of upward revision of Interest or other charges, 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. Disbursements under the Loan
shall be deemed to be made on the date the cheque(s) /pay order(s) / authorization(s) / demand draft(s)
are issued / made by LENDER and not on the date of their actual receipt, and if by credit, when credit
is made by LENDER.
3.4. Pre-Instalment Interest, if unpaid, will be capitalized to the outstanding Loan amount and
such Pre-Instalment Interest shall become part of the Loan amount. In certain cases where the Loan
has been disbursed after the certain day of the month, usually cycle date unless otherwise specified,
and where the first monthly Instalment falls due in the month subsequent to succeeding month, the
Pre-Instalment Interest, will be capitalized to the principal Loan amount then outstanding and such
Pre-Instalment Interest shall become part ofthe principal Loan amount.
Details of Disbursement: The Borrower/s shall, prior to and as a condition for disbursementof the
Loan by LENDER, provide LENDER with documents, as specified in the ApplicationForm/MITC.
Minimum disbursement / drawdown size will be specified at the time of sanctioning the limit - these
conditions are subject to be revision over time. For each disbursement/ drawdown, Interest may vary
depending on the use of the fund by the Borrower. The disbursement may be in one lump sum or in
such Instalments as may be decided by LENDER pursuant to the receipt of the drawdown request.
Borrower shall have to submit a Drawdown Request. The disbursement may be availed to such other
person/s as may be designated by the Borrower after complying with all KYC norms as applicable
underRBI circulars/guidelines and complying with the same process as was followed by the
Borrower.
Provided that disbursement if any made by LENDER to the aforesaid designated person/
s shall not affect the obligations of the Borrower in relation to the Loan and such disbursement of the
Loan to the designated person/s shall be deemed to be the Loan granted to and availed by the
Borrower. The drawdown amount shall be disbursed to the Borrower net of all initial payments
towards pit, Instalments, advance Instalments, Fees etc. As and when the drawdown is disbursed to
the Borrower, the Borrower shall execute MITC pertaining to the Loan sanctioned by LENDER to the
Borrower. Each such MITC and any other amendment thereof shall be deemed to form an integral
part of the Loan Terms. The officers of the Borrower(s) executing this Standard Terms and Conditions
and the documents to be executed in pursuance hereof are duly and properly in office and fully
authorised to execute the same. That the Borrower(s) have full power, capacity and authority to
execute, deliver and
4.1. The Borrower/s shall repay the Loan to LENDER in such number of Instalments, and with
such instalments/s being of such amounts and on the Due Date(s) as agreed upon. If the
respective Due Date is not a Business Day, then the Borrower agrees that the payment shall be
made on the preceding Business Day.
4.2. The same shall be in consonance with the Repayment Schedule. LENDER shall be entitled to
vary/modify the Instalments/s (including increases in the amount of one or more instalments/s)
in the event of changes to the Rate of Interest on the Loan with the consent of the Borrower.
The expression "Instalments" shall comprise of both the principal amount of the Loan and
Interest and any other amounts due under the Loan Documents thereon. Notwithstanding
anything to the contrary, the Lender may, at any time, without assigning any reason, cancel the
undisbursed portion of the Loan and can also recall any or all portion of the disbursed Loan on
demand. Upon such recall, the Loan and other amounts stipulated by the Lender shall be
payable forth with.
4.3. The Borrower/s shall repay the Loan and other monies in respect of the Loan through any one
of the following modes - post-dated cheques ("PDC method") / the Electronic Clearing System
(Debit Clearing) as notified by the RBI ("ECS method") /
NACH mandate / direct debit from the Borrower/s' bank account with LENDER ("Direct Debit
method") / by deduction from the Borrower/s' salary ("Salary Debit method") / by directly paying
amounts by cash or cheque (collectively "Repayment Instrument") /draft (issued in the name of
"EarlySalary Services Private Limited") when due to LENDER("Direct Payment method") / by any
other method, and as may be decided by the parties. LENDER may, in its sole discretion, require the
Borrower/ s to adopt or switch to any alternate of mode of payment and the Borrower/s shall comply
with such request, without demur or delay.
4.4. The method for payment as selected by the Borrower/s in the MITC or the mandates given by
the Borrower/s under any payment mode cannot be cancelled or revoked or issue stop-payment
instruction by the Borrower/s without prior consent of LENDER.
4.5. If the Borrower/s cancels or revokes or issue stop-payment instruction (or attempts to cancel or
revoke) such mandates without the prior consent of LENDER, such acts ofthe Borrower/ s
shall be deemed to have been committed with a criminal intent and LENDER shall be entitled
to initiate appropriate criminal proceedings against theBorrower/s. The Repayment Instruments
remain valid for all Loan along with interest, Penal charges and other charges. The Borrower
shall ensure availability of funds. TheBorrower/s shall, without
4.7. The acceptance by LENDER of any payment which is less than the full Instalment or other
amounts due and owing at such time shall not constitute a waiver of LENDER’s right to
receive payment in full at such time or at any subsequent time or a waiver of any other rights
whatsoever of LENDER under the Application Form with respect tothe Loan.
4.8. The Borrower understands and expressly authorises the Lender to present the Repayment
Instrument multiple times within the limit prescribed by law upon any due accrued under this
agreement is outstanding. The Lender shall provide the intimation to the Borrower as per
applicable guidelines
4.9. The Borrower/s shall not be entitled to cancel or issue stop-payment instructions with respect
to the post-dated cheques for so long as the Loan (or any part of the
Borrower/s’ Dues) is outstanding and any such acts of the Borrower/s shall be deemed to have been
committed with an intention to cheat LENDER and avoid prosecution under the Negotiable
Instruments Act, 1881, and LENDER shall be entitled to initiate appropriate criminal proceedings
against the Borrower/s. The Borrower/s shall promptly replace the post-dated cheques and/or the
mandates, agreements and/or other documents executed for payment of the Instalments and issue
fresh post-dated cheques, mandates, agreements and/or other documents in lieu thereof to the
satisfaction of LENDER, if LENDER is facing any difficulty/inconvenience/impediment for any
reason whatsoever in presenting such cheques / issuing debit instructions or if required at any time by
LENDER at its sole discretion. The Borrower/s may, subject to prior approval by LENDER, be
permitted to swap/ exchange the post-dated cheques issued to LENDER with alternate post-dated
cheques drawn on another bank (as approved by LENDER) subject to payment to LENDER of the
"cheque swap" charges as specified in the Application Form.
4.10. The payment of the Instalments shall commence and continue as per the
4.12. Monthly Instalment amount is rounded off to the next higher Rupee.
4.13. The Borrower/s shall bear all interest tax, service tax, all other imposts, duties (including stamp
duty and relevant registration and filing charges and taxes (of any description whatsoever) as
may be levied from time to time by the Government Authorities or other authority and all other
costs and expenses whatsoever (including but not limited to any costs and expenses incurred by
LENDER and its representatives and consultants) in connection with/on (a) the application for,
and the grant and repayment of, the Loan, (b) the Application Form, and/or any Loan
Document, (c) recovery and realisation of the Borrower/s’ Dues, (d) creation, enforcement and
realisation of the security (if any), (e) inspections, and LENDER’s advocate’s fees and
expenses for any of the above. The Borrower/s shall also pay/ reimburse LENDER for all
losses, damages, costs, charges, claims, expenses and liability of any kind or nature whatsoever
(including but not limited to any stamp duty, other duties, taxes, charges and penalties and/or
any increases in costs to LENDER by reason of any change in law, or in its interpretation or
administration, under/in relation to the Application Form, the Standard Terms and Conditions
and the security, if any, to be created by the Borrower/s) suffered, sustained or incurred by
LENDER (or its representatives and consultants) in connection with any of the above matters if
and when the same is required to be paid according to the laws for the time being in force.
4.14. In the event of the Borrower/s failing to pay any of the monies referred to above, LENDER
shall be at liberty (but shall not be obliged) to pay the same. The Borrower/s shall reimburse all
sums and all losses, damages and expenses (as referred to in the preceding clause) paid /
incurred by LENDER (and/or its representatives and consultants) in relation to the Loan (or
any of the other matters referred to in the preceding clause) within 7 days from the date of
notice of demand from LENDER. All such sums shall carry interest from the date of payment
till such reimbursement to LENDER at the rate of further interest specified in the Application
Form.
i. first towards costs, charges, expenses and other monies, due and payable to LENDER
ii. ii. Secondly towards interest due and payable and/or accruing due and payable to LENDER.
vi. EMI interest over the Loan in case the Loan is a roll over loan or continuing in nature and
vii. Lastly towards repayment of the instalments/s of the Loan due and payable or becoming due
and payable to LENDER.
Notwithstanding any such appropriation by LENDER towards settlement of any dues payableby the
Borrower/s to LENDER under any other agreements between the Borrower/s and LENDER, the
Borrower/s shall continue to remain liable to LENDER for all outstanding/remaining amounts
comprising the Borrower/s’ Dues.
4.16. In the event, the Instalment is not paid on the corresponding Instalment Due Date, the
Borrower/s shall be liable to pay to LENDER, Penal Charges as specified in the MITC without
prejudice to the other rights of LENDER. The Penal Charges may be varied at the sole and absolute
discretion of LENDER, from time to time with due intimation to the Borrower. Additionally, the
Borrower/s shall be liable to pay further interest at the rate specified in the Application Form (plus
applicable interest tax or other statutory levy) on all such outstanding/unpaid amounts from the
relevant Due Date till the date of payment of such entire amount. Such further interest shall be in
addition to Penal Charges.
5. REPRESENTATIONS AND WARRANTIES
The Borrower/s makes the representations and warranties set out below to LENDER, in reliance of
which LENDER may grant the Loan and each of the representations set out belowshall be deemed to
be repeated on each day during the tenure of the Loan:
5.1. The Borrower/s represent/s that all factual information hereafter furnished, is and willbe true,
correct and complete in all material respects as on date on which such information is dated or
certified.
5.2. The Borrower's represent/s that that he/she/it is competent to contract under law.
5.3. The Borrower represents to utilize the entire Loan solely for the purpose, stated in the
Application Form and shall not use the Loan for any purpose including unlawful purposes and/or anti-
social purpose or making investment in the capital market or speculative purposes. Further, it shall
not assign its rights or obligations hereunder to anyone except with the prior permission of LENDER.
5.6. The Borrower/s' Dues shall not be affected, impaired or discharged by winding up/
insolvency/ death/ dissolution / merger or amalgamation/ reconstruction or otherwise of the
Borrower/s or takeover of the management or nationalisation of the undertaking of theBorrower/s, as
the case may be;
5.7. Except to the extent disclosed to LENDER, the Borrower has not been declared to bea wilful
defaulter or a non-cooperative borrower. The Borrower shall ensure that neither the Borrower nor any
director/partner/ member, as the case may be, of the Borrower/s are either a defaulter or have been
declared to be a wilful defaulter. The Borrower/s shall not induct a person who is a
director/partner/member of an entity identified as defaulter/wilful defaulter. In the event such a
person is found to be a director/partner/member of an entity identified as defaulter/wilful defaulter, the
Borrower/s shall take expeditious and effective steps for removal of such person.
5.8. The Borrower is not a Politically Exposed Person as defined under the Master Direction -
Know Your Customer (KYC) Direction, 2016 (as amended from to time) issued by the Reserve Bank
of India.
6. ADDITIONAL COVENANTS
i. Promptly notify LENDER of the occurrence of any event or the existence of any
circumstances, which constitutes or results in any declarations, representation, warranty, covenant or
condition under the Loan Terms and/or the other Loan Documents being or becoming untrue or
incorrect in any respect.
ii. Promptly deliver to LENDER: (a) copies of all documents issued by the Borrower/s toall its
creditors (or any general class of them) at the same time as they are issued; (b) such statements/
information / accounts / records / reports / documents, financial or otherwise, as may be required by
LENDER from time to time in relation to the Loan, the Borrower/s' business and operations, assets
etc. within the period specified by LENDER.
iii. Promptly notify LENDER of any action or steps taken or legal / administrativeproceedings
started by or against him/her/it in any court of law for its/his/her/their winding- up, dissolution,
insolvency, bankruptcy, administration or re-organisation or for the appointment of a receiver,
administrator administrative receiver, trustee or similar officer of/over the Borrower/s or of/over any
of his/her/their/its assets, or threatened against the Borrower/s or his/her/their/its property may have a
Material Adverse Effect.
iv. Promptly, and not later than 7 (seven) days from the occurrence of any of the following
events, notify LENDER in writing with full details of the same: (a) death of any of the Borrower/ s (or
any of its partners/trustees/directors); (b) any changes, whatsoever, in the constitution and/or the
authorised signatory, of the Borrower/s (where the Borrower/s is a
vi. Continue to maintain its/their existence or constitution, corporate or otherwise, and right to
carry on its/their business and operations and ensure that it/they has/have the rightand is/are duly
qualified to conduct its/their business and operations as it is conducted in all applicable jurisdictions
and obtain and maintain all franchises and rights necessary and all authorisations, statutory or
otherwise required for the conduct of its/their business and operations in such jurisdictions.
vii. The Borrower shall from time to time, if required by LENDER, provide security, in a form
and manner satisfactory to LENDER. The Borrower/s shall ensure that the obligations under the Loan
Documents shall at least rank pari-passu with all its secured and unsubordinated obligations. In the
event of there being any outstanding by the Borrower/s under this Loan, LENDER shall not be
obliged to release the security created by the Borrower/s for any other financial facility availed of by
the Borrower(s) from LENDER, if any, and the Borrower/s undertakes to extend such security to
cover the Loan.
viii. The Borrower hereby expressly agrees to indemnify, defend and hold LENDER and its
directors, officers, employees, agents, attorneys or any other person affiliated with or representing
LENDER harmless against (i) all obligations, demand, claims and liabilities ("Claims") asserted by
any other party in connection with the transactions contemplated bythe Loan Documents; and (ii)
all losses or expenses incurred, or paid by LENDER, following or arising from the transactions
between LENDER and the
Borrower (including reasonable attorney’s fee and expenses), except for claims and/ or lossesdirectly
caused by LENDER’s gross negligence or wilful misconduct.
ix. In case of any update in the know-your-customer (“KYC") information / documents
submitted by the Borrower at the time of establishment of lender-borrower relationship or thereafter,
Borrower shall submit to Lender the update of such KYC information / documents, within 30 days of
such update for the purpose of updating the records at Lender’s end.
7. EVENTS OF DEFAULT
7.1. The following acts/, as set out below, shall each constitute an "Event of Default" by the
Borrower/s for the purposes of the Loan Terms:
i. Default (including, but not limited to, any payment default) along with interest, Penal
Charges or Other charges on the due date/s or on demand has occurred in the performance of any
covenant, condition or agreement on the part of the Borrower/s under the Loan Terms or on the part of
any other person.
ii. Breach of any representation, warranty, declaration or confirmation under the Loan Terms or
any other Loan Document has occurred / been committed and/or the Borrower/s has/have committed
any fraud/ failed to submit any material information as required under the Application Form/ MITC.
iii. The Borrower are or becomes a party to any litigation, arbitration, administrative or other
action, insolvency proceedings, investigation by any governmental entity, claim, suit or
vi. Death of the Borrower/s or any one of them or if the Borrower/s ceases or threatens tocease to
carry on any of its businesses or gives notice of its intention to do so or if all or any part of the assets
of the Borrower/s required or essential for its business or operations are damaged or destroyed or there
occurs any change from the date of submission of the Application Form in the general nature or scope
of the business, operations, management or ownership of the Borrower/s, which could have a Material
Adverse Effect.
vii. Any Governmental Authority, agency, official or entity takes or threatens any action:
(a) for dissolution of the Borrower/s application which deprives or threatens to deprive the
Borrower/s: (1) from conducting any of its businesses or carrying out its operations in the manner it is
being conducted or carried out, or (2) of the use of any of its assets; (b) to revokeor terminate or to
refuse to provide or renew any authorisation or to impose onerous conditions on or on the grant or
renewal of any authorisation; (c) with a view to regulate, administer, or limit, or assert any form of
administrative control over the rates applied, prices charged or rates of return achievable, by the
Borrower/s in connection with its business, which in each case could have a Material Adverse Effect.
viii. It is or becomes improper or unlawful for the Borrower/s or any person (including LENDER)
to perform any of their respective obligations under the Loan Terms and/or any other Loan
Document.
ix. The Borrower/s is unable or has admitted in writing its inability to pay any of its Indebtedness
as they mature or when due.
x. The Borrower/s commit/s any default under any other agreement with LENDER or any of its
group companies. The Borrower fails to furnish any information or document that may be required by
LENDER from time to time; or 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. The Borrower/s shall promptly notify LENDER in writing upon becoming aware of any
default and any event which constitutes (or, with the giving of notice, lapse of time, determination of
materiality or satisfaction of other conditions, would be likely to constitute) an Event of Default and
the steps, if any, being taken to remedy it. The decision of LENDER as to whether or not an Event of
Default has occurred shall be final and binding upon the Borrower/s.
8.1. On the happening of any of the Events of Default, LENDER shall have the right, but not the
obligation to recall the entire Loan and demand payments outstanding on the date of such demand
made in respect of the Loan together with further interest from the date of the Event of Default till the
date of payment in full or realization of the total amounts due and payable and upon the Borrower
failing to make the said Payment within 7 (seven) Business Days from the date of such demand,
LENDER may, at its sole discretion by a notice in writing to the Borrower/s and without prejudice to
the rights and remedies available to LENDER under the Loan Terms or any other Loan Document and
LENDER shall have, inter alia, the following rights (notwithstanding anything to the contrary in the
Loan Terms and/or the other Loan Documents and irrespective of whether the entire Loan or
Borrower/s' Dues has/ have been recalled) without any further notice or other legal formalities of any
kind namely:
i. the outstanding amount of the Loan shall forthwith become payable to LENDER, without any
notice to the Borrower. Terminate the Loan and declare all obligations immediately due and payable;
and/or stop advancing money or extending credit for the Borrower's benefit under this Agreement or
any other agreement between the further Drawdown Requests from the Loan; and/or in the event the
loan amount is being disbursed by LENDER in various disbursements, suspend further drawings of
the outstanding commitment of LENDER.
ii. LENDER shall be entitled to exercise any right, power or remedy permitted to it by law,
including by suit, in equity, or by action at law, or both, or otherwise, whether for specific
performance of any covenant, condition or term contained in these Standard Terms and Conditions or
for an injunction against a violation of any of the terms and conditions of these Standard Terms and
Conditions. The rights and remedies provided to LENDER in theseStandard Terms and Conditions are
cumulative and not exclusive of any rights or remedies provided by law. LENDER shall be entitled to
recover the charges for bouncing of the Repayment Instrument(s), penal charges and other charges
from the Borrower. Any
8.2. If anyone (or more) Events of Default shall have occurred, then LENDER shall, in addition to
the various rights and remedies of LENDER referred to in the paragraphs above, be irrevocably
entitled and authorised to contact and require the Borrower/s' employers and/or reference contracts
provided by the Borrower’s to make deduction/ s from the salary/wages payable by the employer to
the Borrower/s and to remit the same to LENDER until all of the Borrower/s' Dues outstanding from
the Borrower/s to LENDER is/are completely discharged. The deductions shall be of such amounts,
and to such extent, as LENDER may communicate to (and instruct) the Borrower/s' employers. The
Borrower/s shall not have, or raise/create any objections to such deductions.
No law or contract governing the Borrower’s and or Borrower/s employer prevents or restricts in any
manner the aforesaid right of LENDER to require such deduction and payment by the Borrower’s
employer to LENDER. Provided however that in the event the said amounts so deducted are
insufficient to repay the outstanding Borrower/s' Dues to LENDER in full, the unpaid amounts
remaining due to LENDER shall be paid by theBorrower/s in such manner as LENDER may in
its sole discretion decide and the payment shall be made by the Borrower/s accordingly.
8.3. In addition to LENDER’s various rights as specified in the preceding provisions above,
LENDER shall also be entitled to appoint: (i) any person engaged in technical, management or any
other consultancy business to inspect and examine the working of the Borrower/s and /or the assets
including its premises, factories, plants and units and to report to LENDER; (ii) any Chartered
Accountants/ Cost Accountants as auditors for carrying out any specific assignments or to examine
the financial or cost accounting system and procedures adopted by the Borrower/s for its working or
as concurrent or internal auditors, or for conducting a special audit of the Borrower/s.
8.4. Notwithstanding any suspension or termination of the Loan, all rights and remedies of
LENDER as per the Loan Terms and other Loan Documents shall continue to survive until the receipt
by LENDER of the Borrower/s' Dues in full. The rights and remedies provided to LENDER in these
Standard Terms and Conditions are cumulative and not exclusive of any rights or remedies provided
by law.
9. ONLINE TRANSACTIONS
9.1. For ease of operation of the Borrower, Borrower shall have the option of applying for further
facilities provided by the LENDER using online secure platforms as may be specified by the
LENDER (hereinafter referred to as "Online Facility"). The Online Facility shall be extended to the
Borrower subject to the Borrower complying with the LENDER’s credit parameters and submitting
all documents/ information as may be required by LENDER in such form as may be specified by the
LENDER from time to time. LENDER may in its sole discretion reject the application for the
facility/loan by the Borrower.
9.3. The Borrower expressly agrees and acknowledges to have read and understood the terms
applicable for usage of the Online Facility and be bound by such terms and conditions (as amended by
LENDER from time to time) at all times during the tenure of such Loan.
9.4. LENDER shall have no obligation to verify the authenticity of any transaction/instruction
received or purported to have been received from the Borrower through the Online Facility or
purporting to have been sent by the Borrower other than by means of verification of the Access Code.
9.5. All the records of LENDER with respect to the online request for facility arising outof the
use of the Online Facility shall be conclusive proof of the genuineness and accuracy of the transaction.
While LENDER and its affiliates shall endeavour to carry out the instructionspromptly, they shall not
be responsible for any delay in carrying on the instructions due toany reason whatsoever, including
due to failure of operational systems or any requirement of law.
9.6. Borrower can check the availability of a pre-approved offer that may be made by the
LENDER through Online Facility. Any pre-approved offer by the LENDER does not constitute grant
of facility to the Borrower and shall be subject to the terms as may be specified by the LENDER from
time to time.
9.7. The Borrower acknowledges and accepts that LENDER may permit/allow anybody quoting
the correct Access Codes and other details to conduct the type of operations whichare permitted
under the Online Facility.
10.1. The Borrower/s authorize LENDER to exchange, share, disclose or part with all the
information and details relating to the Borrower existing loans and/or repayment history to other
LENDER group companies, business entity with whom LENDER has or may have business tie-up in
future, banks, financial institutions, credit bureaus, Credit Information Companies, agencies, statutory
bodies (including RBI) etc., as may be required or as they may deem fit and shall not hold LENDER
(or any of its group companies or its/their agents/ representatives) liable for use/sharing of this
information.
10.2. LENDER shall, as it may deem appropriate and necessary, be entitled to disclose all or any:
(i) information and data relating to the Borrower/s; (ii) information or data relating to the Loan, Loan
Terms, Loan Documents; (iii) obligations assumed/to be assumed by the Borrower/s in relation to the
Loan under the Loan Terms, the Loan Documents or any other securities furnished by the Borrower/s
for any other credit loan granted/to be granted by LENDER; (iv) default, if any, committed by the
Borrower/s in discharge of the aforesaid obligations, to any Credit Information Companies and any
other agency authorised in this behalf by the RBI. Any other agency so authorised may use and/or
process the aforesaid information and data disclosed by LENDER in any manner as deemed fit by
them.
iii. any rating agency, insurer or direct or indirect provider of credit protection or financial
support for purposes in connection with services provided to or be provided by LENDER.
10.4. The Borrower/s expressly recognize/s and accepts that LENDER shall, withoutprejudice to
its rights to perform such activities either itself or through its officers or servants be absolutely
entitled and have full power and authority to appoint one or more third partiesof LENDER’s choice
and to transfer or delegate to such third parties the right and authority to take all acts/steps as are
necessary for LENDER to take in order to monitor the Loan and the Borrower/s' Dues and/or to
recover/receive amounts due to LENDER or collect on behalf of LENDER all unpaid amounts
under the Loan Terms and to perform and execute all acts,deeds, matters and things connected
therewith or incidental thereto including attending the office or residence of the Borrower/s,
receiving the amounts due and generally performing all lawful acts as the third party may consider
appropriate for such purpose and that LENDERshall be at all times, be entitled to share with any such
third party/ other person that may thus be appointed by LENDER, all documents, statements of
accounts and other information of whatsoever nature pertaining to the Borrower and/or the Loan.
LENDER shall be entitled atthe sole risk and cost of the Borrower/s to engage one or more person(s)
to collect the Borrower’s dues and shall further be entitled to share such information, facts and
figurespertaining to the Borrower as LENDER deems fit. SKF may also delegate to such person(s)
the right and authority to perform and execute all such acts, deeds, matters and things
connected herewith, or incidental thereto, as the LENDER may deem fit. The Borrower/s
recognizes, accepts and consents to such delegation.
11. OTHER AGREED TERMS
11.1. The Borrower/s' Dues shall not be revoked or cancelled or affected by the death, dissolution,
insolvency or winding up of the Borrower/s or any third party, and LENDER shall be entitled to act
upon and enforce all of its rights (including right to enforce RepaymentInstruments towards payment
of Amount Due) pursuant to, and in accordance with, the Loan Terms and the Loan Documents
executed by the Borrower/s and/or any other persons to/in favour of LENDER.
11.2. The parties hereto confirm and acknowledge that, Application Form, all the related
documents, constitute the entire agreement between them and shall supersede and override allprevious
communications, either oral or written, between the parties with respect to the subject matter of the
Application Form, and no agreement or understanding varying orextending the same shall be binding
upon any Party hereto unless arising out of the specific provisions of Application Form.
11.4. All notices or other communications under or in connection with the Borrower/s' Duesand/or
the Loan Terms shall be given in writing which includes e-mail and mobile communication and,
unless otherwise stated may be made by letter or facsimile. Any such notice or other communication
will be deemed to be effective: (i) if sent by letter, when delivered personally or if dispatched by post,
when recall of the letter is outside the control ofthe sender; and2024-04-17
(ii) if sent12:39:17.0
by facsimile, when sent (on
receipt of a confirmation to the correct facsimile number). Provided, however, that no notice or
communication to LENDER shall be effective unless actually received and acknowledged by
LENDER. Notices or communication may be made to: (i) the Borrower/ s' address or facsimile
number to which notices are to be sent (as specified in the
Application Form), and (ii) LENDER’s zonal / regional /branch office address or facsimile number
(as specified in the Application Form), or to such other address or facsimile number as may be
designated by the Borrower/s and LENDER in writing to each other. In the eventof any failure by
the Borrower/s to notify LENDER in writing of any changes in his/her/their contact address or details,
service of a notice/ correspondence to the address specified in the Application Form or last given by
the Borrower/s shall be deemed to be proper and sufficient service on the Borrower/s irrespective of
whether or not such notice shall be returned "unserved" to LENDER.
11.5. The Borrower/s shall not directly or indirectly assign or transfer all or any of its rights,
benefits or obligations under the Loan Terms without the approval of LENDER. Notwithstanding, any
such assignment or transfer, the Borrower/s shall, unless otherwise notified by LENDER, continue to
make all payments under the Loan Terms to LENDER and all such payments when made to LENDER
shall constitute a full discharge to the Borrower/s from all its liabilities in respect of such payments,
LENDER shall have the right (in full or in part) to assign and/or transfer and/or novate its rights or
obligations under the Application Form and related documents and/or the outstanding amount or other
arrangement for risk sharing, whether with or without recourse to LENDER, to one or more banks or
any other entity, trust, any association, without any reference or notice to the Borrower.
11.6. LENDER may, at any time, without any consent of or reference to the Borrower(s) be entitled
to sell, assign, securitize, novate or transfer all or any of its rights, benefits and obligations under the
Application Forma and related documents to any person in whole or in parts and in such manner and
such terms and conditions as LENDER may decide any such sale, assignment or transfer shall
conclusively bind the Borrower/s.
11.8. No delay in exercising or omission to exercise any right, power or remedy accruing to
LENDER upon any default or otherwise under the Loan Terms or the other Loan Documents shall
impair any such right, power or remedy or shall be construed to be a waiver thereof or any
acquiescence in such default, nor shall the action or inaction in respect of any default or any
acquiescence by it in any default, affect or impair any right, power or remedy ofLENDER in respect
of any other default.
11.9. The Loan, Loan Terms and the other Loan Documents shall (unless otherwise specified in the
Application Form, MITC or any such Loan Document) be governed by and construed in accordance
with the laws of India.
11.10. If any controversy or dispute should arise between the parties in performance, interpretation
or application of these Standard Terms and Conditions and/or the Loan, the same shall be submitted in
arbitration of a single arbitrator to be appointed by LENDER. The decision of the sole arbitrator shall
be final and binding on the parties to such arbitration. The arbitration shall be conducted in
accordance with the provisions of the Arbitration and Conciliation Act, 1996, rules thereunder and
amendments thereto. The arbitration proceedings shall be held only at Bangalore unless otherwise
decided by LENDER. Subject to what is stated hereinabove, it is expressly agreed that the courts at
Bangalore, India will have exclusive jurisdiction to try suit/ application in respect of any claims or
disputes arising out of or under the terms agreed herein.
11.11. In case the Borrower/s commits any default in payment or repayment of principal amount of
the Loan or interest charges due thereon or upon failure to make the repayments upon occurrence of
an Event of Default or on the Due Dates for any reason whatsoever, LENDER and/or RBI will have
an unqualified right to disclose or publish the details of such default along with the name of the
Borrower/s and/or its directors/partners/co-applicants, as applicable, as defaulters in such manner and
through such media as LENDER and/or RBI may, in their absolute discretion, think fit.
11.12. The Borrower/s' liability for repayment of the Borrower/s' Dues shall, in cases where more
than one Borrower have jointly applied for the Loan, be joint, several and co-extensive. Where the
Borrower/s is an individual doing business as a sole proprietary concern, the Borrower/s shall be
solely responsible for the liabilities of the aforesaid concern and will be personally liable for making
repayment / payments of all amounts in respect of the Loan to LENDER.
11.13. In addition to English version of these Standard Terms and Conditions, the vernacularversion
translated in the language as mentioned in the MITC, shall also be provided to the Borrower and in
case of any inconsistencies between the English version and the vernacular version, the English
version shall prevail.
11.15 The Lender confirms that to the extent applicable; the Lending Service Provider / Digital
Lending App shall ensure compliance with RBI guidelines in relation to digitallending (as amended
from time to time).
(Name and Sign of Authorized Signatory (for Proprietorship, Partnership & Companies)
Date: 2024-04-17
Place: BENGALURU URBAN
Received on
For LENDER