: Terms and Conditions :
I/We am/are desirous of availing the Electronic Funds Transfer Facility through the RBI NEFT System. In consideration of extending to me/us the said NEFT facility. I/ We hereby agree to and undertake the following terms and conditions.
Definitions -“Vendor” means the person named here- in above who has executed this Contract. “DCPL” means Dorabjee & Co. Pvt. Ltd., (DCPL) who has proposed to make payment using the RBI NEFT system. “Bank” means the Banker of Dorabjee & Co. Pvt. Ltd.(DCPL), who has provided the Electronic Funds Transfer Facility through the RBI NEFT to DCPL. “NEFT Facility” means the Electronic Funds Transfer Facility through the RBI NEFT System. “ Security Procedure” means a procedure established by the bank for the purpose of verifying that the payment order transmitted electronically is that of the customer or for detecting error in the transmission for the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices. Words or expressions used in this contract, but not specifically defined herein shall have the respective meanings assigned to them in the RBI NEFT system.
1. Scope of the Contract: -a. This contract shall govern every payment order issued by DCPL during the period of validity of the contract. b. The vendor has gone through and understood the RBI (NEFT System) and agrees that the rights and obligations provided therein in so far as it relates to the vendor shall be binding on him/ it in regard to every payment order received by him/it in the NEFT System. c. The vendor understands and agrees that nothing in this contract shall be construed as creating any contractual or other rights against the Bank or the Reserve Bank or any participant in the NEFT System except DCPL. Subject to Pune Jurisdiction.
2. Commencement and Termination: - a. This contract shall come into force as soon it is signed and accepted by the Vendor. b. This contract shall remain valid until it is replaced by another contract or terminated by either party or the account is closed, whichever is earlier. c. Either party to this contract may terminate this contract by giving one month’s notice in writing to the other party. Notwithstanding the termination of the contract the parties to the contract shall be bound by all transaction between them in regard to NEFT Facility availed of by the vendor, before the termination of the contract.
3. General Terms : a. The Vendor agrees that this facility of electronic funds transfer thought RBI NEFT is a service provided by the RBI through its national system of electronic payment network and the RBI, the Bank or DCPL cannot and will not be held responsible in any way for any loss on account of error in the execution of the Funds Transfer pursuant to a payment order, either due to a systems or network error in the RBI NEFT system or an error on account of wrongful or incorrect account information provided by the Vendor to DCPL. b. Vendor agrees that in the event of any loss on account of error in the execution of the Funds Transfer pursuant to a payment order, due to negligence or fraud on the part of any employee of the Bank, or a Bank system error the Bank’s liability shall be limited to the refund of the principal amount only and not for any interest on account of any delay by the Bank. Vendor agrees not to hold DCPL responsible for any such error or delay in refund on the Bank's part. c. On obtaining the relevant account from the Vendor, DCPL will send a “test” transaction to the Vendor for an amount of 1 paisa or similar amount. Vendor agrees to provide acknowledge of the same in its account along-with receipt of email/SMS to DCPL, in writing by letter and/or on DCPL's website. Only after receipt of such acknowledgment will DCPL commence NEFT payments to the Vendor. Vendor agrees that thereafter DCPL is not responsible for any loss on account of wrongful or incorrect account information provided by the Vendor. d. Vendor agrees to intimate DCPL for any change in the relevant account information promptly in writing by letter and/or on DCPL's website. Vendor also agrees that in the event it fails to do so then it cannot hold DCPL responsible for any loss of amount on account of such failure to so. e. Vendor agrees that the intimation of payment sent to the Vendor by the Bank through email/SMS summarizing the payment details is NOT part of the RBI NEFT system and is part of the Bank's core banking system. Vendor agrees that this is only a special service provided by the Bank, which is non-obligatory and can be revoked or changed in any way as the Banks deems fit, without providing any notice. Vendor agrees that in case of any non-delivery of such intimation the RBI, the Bank or DCPL cannot and will not be held responsible for the same. Vendor also agrees that it will be the responsibility of the Vendor to check its bank accounts for the receipt of such payment at all times, instead of solely relying on this intimation service. Vendor also agrees not to unduly harass DCPL and its representatives with phone calls, emails or personal visits to seek conformation / clarification of such NEFT payments for any reason whatsoever. Vendor also agrees not to withhold any supplies to DCPL against valid Purchase Orders on account of the Vendors failure to check its bank accounts for receipt of such NEFT payments. f. Vendor agrees that it shall not be entitled to make any claim against any party in the RBI NEFT System including DCPL except the Bank as in the case of para 3b above.