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Terms and Conditions
 

THIS SERVICES AGREEMENT (this “Agreement”, which expression shall unless it be repugnant to the subject or context thereof, mean and include all schedules, and amendments thereto as maybe entered into from time to time) is made in Bangalore on the day, month and year set out in Annexure 1 hereof (Effective Date”) between

 

The person(s) named in Annexure 1 hereof (the “Education Institution”, which expression shall unless repugnant to the context mean and include his / their / its heirs, successors-in-interest, representatives, nominees, executors, administrators and permitted assigns) OF THE ONE PART;

 

AND

 

Tech Avant-Garde, having its registered office at 1st floor Casa Birgitta #10 Brunton Road Bangalore 560025 (hereinafter referred to as the “TAG” which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) OF THE OTHER PART.

 

(TAG and the Education Institution are hereinafter collectively referred to as “Parties” and individually as “Party”.)

WHEREAS:

 

1.            TAG has entered into agreements with various banks and financial institutions (“Acquiring Banks”) to offer various facilities through the internet, which facilities and services including Net Banking facilities and providing authorization (from third party clearing house networks) and settlement facilities in respect of payment instructions initiated by the Customers on certain Websites using Valid Credit Card/Debit Card/Online Banking Account. These facilities will be hereinafter be referred to as the “Net Banking Facilities” and/or “Payment Gateway Services”.

 

TAG has agreed to participate in the Bharat Bill Payment System (BBPS) under National Payments Corporation of India (NPCI), with registered office at The Capital, 1001 A, B-Wing, 10th floor, Bandra Kurla Complex, Bandra East, Mumbai 400051,

 

In compliance with BBPS Procedural Guidelines, and circulars and advisories issues from time to time, for ALL transactions across all payment modes and channels as decided by us in consultation with the BBPOU. We understand and agree that ALL transactions will be dynamically routed between the default BBPOUs by BBPCU.

 

2.            TAG has agreed to provide and the Education Institution has agreed to obtain the services from TAG, whereby TAG shall create linkage with the Website www.efee.online    to enable online payments on the Website by the Parents of the Education Institution  and the Parties are desirous of executing this Agreement to record the terms and conditions of the services as under:

 

 

IT IS NOW AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

Terms and Conditions

 

1.    Witnesseth as Follows:

 

(i)    Tech Avant-Garde (hereinafter called TAG) is inter alia engaged in the business of developing customized software for educational institution automation solutions.  In this regard, TAG has developed a service namely eFee Online to help institutions to collect fee from parents through a credit/ debit card online, through mobile Payment Gateway and through Netbanking on the internet, through the Electronic Clearance Service (ECS), standing instructions and cheque drop box facility (Service), Payment in the bank through server to server connectivity, and using the UPI gateway.

 

(ii)  Educational Institution is engaged in imparting quality education at the address mentioned hereinabove (hereinafter called Educational Institution).

 

(iii) The Educational Institution seeks to avail the Services with intent to provide the parents of the students studying therein a facility to pay the Educational Institution fee through the Efeeonline multimodal payment services (including online, credit/ debit card, net banking, mobile payment gateway, ECS, standing instructions, cheque drop box, server to server connectivity & UPI facility).

 

(iv)  The Educational Institution has requested TAG to permit them to use the eFee Online Services enabling the parents to avail the Services to which TAG has accepted.

 

NOW THE PARTIES HEREBY AGREE AS FOLLOWS:

 

2.  Right To Use

 

2.1  TAG hereby grants to the Educational Institution and it’s parents the Right To Use the Services for the purposes aforementioned under the Royalty Program.  TAG shall provide to the Educational Institution the “Login id” and the “Password” enabling the Educational Institution to use the Services online through the internet, and efee online ID & Pin to each student for the Parent to use this service.

 

2.2  The Educational Institution has on this day paid a sum to TAG being the royalty for use the Efeeonline services; the receipt of which TAG admits and acknowledges.

 

 

 

3.    Login ID and Password:

 

TAG shall provide to the Educational Institution the “Login-id” and the “Password” enabling the Educational Institution to use the Services online through the internet.  TAG shall train the users as authorized by the Educational Institution in using the Services.  TAG shall provide unique Efee_Online ID & PIN to the Students to register and use this facility to pay the fees.

 

4.      COVENANTS OF TAG:

 

4.1  TAG warrants that the Services shall provide the facilities and functions set out in the specification hereinabove when properly used in accordance with the instructions.  The literature provided along with the Services shall give adequate information and instruction to enable the Educational Institution to make appropriate use of the Services. 

 

4.2  TAG shall have no liability or obligations under the said warranty other than to rectify any functional repairs in the Services without charge to the Educational Institution. 

 

5.      COVENANTS OF EDUCATIONAL INSTITUTION:

 

5.1  The Educational Institution shall utilize the Services for processing its own data for its own internal use only as per the technical specifications provided therein.  The Educational Institution shall not allow any third party to use the Services nor use the Services for and on behalf of any third party in any manner possible.

 

5.2  This Right To Use shall not be deemed to extend to any other programs or materials or Services or software of TAG unless specifically agreed in writing by TAG.

 

5.3  The Educational Institution hereby acknowledges that it shall use the Services strictly in accordance with the terms contained herein and the literature provided along with the Services.

 

5.4  It is specifically agreed herein that TAG is only providing a facility for payment of the fee through online, credit/ debit card, net banking, mobile phone, ECS, standing instructions, cheque drop box facility, payment in bank using server to server connectivity and UPI facility.  Other than this, TAG shall not be liable in any manner whatsoever for any liability or damage caused to the Educational Institution by virtue of the use/ non-use of the Services by the parents and the Educational Institution.  TAG shall not be liable for any losses, damages and/or expenses incurred by the Educational Institution in respect of any loss of access and/or use or interruption in the use of the Services.

 

6.      MODIFICATIONS TO THE SERVICES:

 

6.1  TAG reserves the right, but shall not be obliged, to make changes, enhancements, and/or modifications to the Services from time to time including, without limitation, the development of updates, patches, upgrades and/or the procurement of new releases.

 

6.2  If TAG were to carry out any change/ modification/ upgrade the Services, it shall have the liberty to call upon the Educational Institution to execute such additional agreements, writing, documents as may be required.  The Educational Institution on receiving such a request from TAG shall comply with the same.

 

6.3  TAG shall be entitled to display or advertise on the website www.efee.online & www.efee.online the logo of the Educational Institution indicating that the Educational Institution is availing the Service. 

 

6.4  The Educational Institution shall take all precautions as may be feasible or as may be required to ensure that there is no breach of security and the integrity of the Services.  The login ID and the Password provided shall not be disclosed to anybody other than the employees of the Educational Institution.

 

7.    Term

 

This Agreement and the Right To Use granted herein shall have its force from the date of this Agreement and shall continue unless terminated in accordance with clause 12 provided hereinbelow.

 

8.    PAYMENT TO THE Education Institution  

Payments on Proof of Delivery

Subject to the other provisions hereof, efee_online shall Endeavour to facilitate payment settlements to the Education Institution’s Bank account provided in Annexure 1 within 3 (three) business days upon receipt of the same by the Acquiring Bank.

 

 

 

9.      CONFIDENTIALITY & DISCLOSURE

 

The Educational Institution shall not at any time during or after the term of this Agreement or after the termination without the consent in writing of TAG disclose, reveal or make public any information of whatever nature in connection with the business or other affairs of TAG as well as information relating to Services plans and strategies, processes, tools, designs, promotions, customers and related non-technical business information which TAG considers to be confidential, the Services or the terms of this Agreement, all of which shall be treated by Educational Institution as strictly confidential. Provided that this clause shall not apply to information which has come into the public domain otherwise than as a result of the Educational Institution’s default or which is required to be disclosed by operation of law.

 

10.  INDEMNITIES:

 

The Educational Institution hereby undertakes and agrees to indemnify and keep indemnified TAG and hold it harmless against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of TAG on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of breach of this Agreement.

 

11.  NO WARRANTY:

 

TAG sole obligation in the event of interruption to the services or loss of use and/or access of the Services shall be to use all reasonable endeavors to restore the services as soon as reasonably possible.

 

12.  LIMITATION OF LIABILITY:

 

Without prejudice to any other provisions of this Agreement, TAG shall not be liable to the Educational Institution for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the use of the Services, including without limitation any interruption or stoppage to the parents/guardians/family members access to and/or use of the Services;

 

13.  TERMINATION:

Without prejudice to any other provision for termination in this Agreement, both parties shall be entitled to terminate this Agreement forthwith, by notice in writing to the defaulting party upon the occurrence of any of the following events:

(a)         If either party commits any breach of any of the terms and conditions of this Agreement and, in case of a breach capable of remedy, fails to remedy the same within sixty (60) days after receipt of a notice in writing giving full particulars of the breach and requiring it to be remedied

(b)         If the either party engages in fraud or other illegal or unethical activities, or in any activities which the party notifying, in its reasonable judgement, believes could adversely affect its reputation;

 

14.  GENERAL:

 

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal successors.

 

Counterparts: This Agreement may be executed simultaneously in two parts, each of which shall be deemed to be an original and constitute the same Agreement.

 

Force Majeure: TAG shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by any event due to any cause beyond the reasonable control of TAG, including, without limitation, unavailability of any communication system, breach or virus in the processes or Payment and Delivery Mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, external illegal acts to computer data and storage devices, computers, computer crashes, etc.

 

Variation: No variation or amendment of this Agreement shall bind either party unless made in writing in the English language and signed by both parties.

 

Severability: If any provision of this Agreement is agreed by the parties to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted here from with effect from the date of such agreement or decision or such earlier date as the Parties may agree.

 

15.  JURISDICTION:

The construction, validity and performance of this Agreement shall be governed in all respects by the laws of India. The parties hereby submit to the non-exclusive jurisdiction of the Indian Courts at Bangalore.

 

 

 

 

 

 

Both the parties hereto have electronically signed and agreed on the terms listed above.

 

This is an important document and it explains the terms and conditions you are agreeing to when you use the Payment gateway.
  • To the fullest extent permitted at law, the School is providing this website, its contents and its online payment facility on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Website or the information, content, events, products or services included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose.
  • In addition, School does not represent or warrant that the information accessible via this website is accurate, complete or current.
  • In no circumstances, to the fullest extent permitted at law, shall School nor or any of its office bearers or employees be liable for any loss, additional costs or damage howsoever arising suffered as a result of any use of this website or the information, content, events or products included in the site.
  • We may change these terms from time to time without notice. Changes will apply to any subsequent transactions with School.
  • You agree that eFee Online may at its sole discretion and at any time terminate Your password, user account or use of any service. eFee Online may at its sole discretion discontinue any site or service or limit or restrict any user access. It has been understood by You that eFee Online shall not have any liability to you or any other person for any termination of Your access to Our service or removal of information concerning Your account.
  • If any provision of the terms and condition shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not effect the validity and enforceability of the remaining provisions.
 
Registration and Acceptance of Terms and Conditions and Your Obligation.
 
In consideration of Your use of this site you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable Jurisdiction. You agree to comply with the rules and provide accurate, reliable, complete and true information about Yourself as required by Us for registration to this service and to create Your User Account. You agree to update Your registration information with current information. eFee Online at its sole discretion can suspend or terminate the User Account or even permanently ban You from having any current or future service from this site in the event You provide inaccurate, false registration information.
As a part of registration you are responsible for creating and maintaining confidentiality of Your user name and password. You are advised to notify eFee Online of any unauthorized use of Your Account. eFee Online shall not be liable for any loss or damage arising from Your usage of Your User Account.
 
General Information
 
eFee Online has the right to assign its rights and duties to any party at anytime without prior notice to you. eFee Online shall have no liability to You for any interruption or delay in access to the Web Site. You understand that Your user account is non-transferable. Any disputes arising out of this agreement shall be governed by the Laws of India. The Courts of Law at Bangalore shall have exclusive Jurisdiction over any dispute arising under this agreement.