The parties hereby agree to execute this contract in conformity with the regulations in the Commercial Code, indicating their intention to engage in transactions related to simple credit.
This Simple Credit Agreement is entered into between two parties: the applicant (referred to hereinafter as the "Lender") and the individual whose full name is stated on the application, hereinafter referred to as the "Customer." Together, they are collectively referred to as the "Parties," as provided in accordance with the following background, statements, definitions, and agreements.
BACKGROUND
The Customer submits an application to the Lender for a simple credit (referred to hereinafter as the "Credit") in the local currency of the Lender. This application is submitted through an electronic application form (referred to hereinafter as the "Application") prepared and signed by the Customer for the purpose of this Contract.
The Customer, through the Lender's application (Application), applies to establish an access account ("Profile Account"). This includes the creation of a username and password to identify the Customer as a client of the Lender. The Profile Account enables access to electronic means for inquiries and specifications, including but not limited to: (i) status of the credit process, (ii) credit terms, (iii) general credit information, (iv) privacy statements, (v) credit contracts, (vi) consent to new credit, (vii) updates to customer data, (viii) requests for clarification, etc.
The Lender, following the review and analysis of the applications and other information and documents provided and submitted by the Customer, grants authorization for the extension of credit to the Customer in the amount specified on the cover page (as defined below). Subsequently, the Parties formalize their relationship through the credit-related agreement via electronic means, establishing mechanisms for completing future transactions electronically. Accordingly, the statements and definitions in this contract shall be applicable to each contract entered into in the future.
PRODUCT INFORMATION
Loan Amount: Rs. 100,000
Tenure: 6 months
Interest Rate (APR): 12% per year
Repayment Amount: Rs. 1,06,000
Total Interest Payable: Rs. 100,000 x 12%/12*6 (6 months) = Rs. 6,000
Processing Fees (8%): Rs. 8,000+1440(GST 18%)
Disbursed Amount: Rs. 100,000 (Loan Amount) - Rs. 8,000 (Processing Fees) - Rs.1440= Rs. 90,560
Total Amount Payable: Rs. 1,06,000
Total Cost of the Loan: Interest Amount + Processing Fees = Rs. 6,000 + Rs. 2,000+Rs.1440 = Rs. 9,440
DECLARATIONS
1. Lender's Declarations:
a) The Lender affirms that it is a duly incorporated commercial company under the applicable laws of India, obligated by the terms defined herein.
b) For the purposes of this contract, the company is situated at the address specified in this application.
c) The Lender's website is located at the address provided in this application.
2. Customer's Declarations:
a) The Customer asserts that he/she is a natural person, entering into this contract willingly, without coercion, fraud, or any form of compulsion, and bind themselves to the terms herein.
b) The property specified in the application is considered a residence for the purposes of this contract.
c) The information and documents provided to the Lender, as stated in the application, are accurate.
d) The Customer possesses sufficient financial resources from legitimate sources to fulfill monetary obligations under the terms of the contract.
e) The Lender has explained, prior to contract conclusion, the content, scope, and effect of the contract and its constituent terms.
3. Mutual Declarations:
a) Both parties express their intention to grant and accept simple credit, binding themselves according to the terms of this contract and concluding it electronically.
b) Subheadings within the contract are for informational purposes only and do not impact the contract's interpretation.
c) The parties mutually acknowledge their legal existence and capacity. In accordance with the forthcoming background and statements, the parties hereby grant and agree to be bound by the following terms.
CLAUSES
1. Definitions
Under the terms of this Contract, the parties ascribe the meanings outlined below to the following terms when capitalized. This applies regardless of whether they are used in the singular or plural, unless the context in which the terms are employed implies a different concept, and such indication is provided.
Loan Amount:
Definition: The total sum of money that a user borrows from the lending platform. It represents the principal amount that must be repaid along with any applicable interest or fees.
Interest Rate:
Definition: The percentage charged by the lender on the loan amount as a cost for borrowing. It is a crucial factor in determining the total cost of the loan.
Repayment Period:
Definition: The duration specified for the borrower to repay the loan, usually in installments. It may be expressed in days, weeks, or months.
Installment:
Definition: A portion of the loan amount, including both principal and interest, that is repaid in regular intervals over the agreed-upon repayment period.
Late Payment Fee:
Definition: A fee charged by the lender when the borrower fails to make a repayment installment within the agreed-upon timeframe.
Penalty APR (Annual Percentage Rate):
Definition: A higher interest rate applied to the outstanding balance if the borrower fails to meet the repayment terms, typically triggered by late payments.
Credit Score:
Definition: A numerical representation of a user's creditworthiness based on their credit history and other financial behaviors. It is used by lenders to assess the risk associated with lending to a particular individual.
Collateral:
Definition: An asset offered by the borrower as security for the loan. In the context of personal cash loans, collateral may or may not be required depending on the type of loan.
Processing Fee:
Definition: A one-time fee charged by the lender to cover the administrative costs associated with processing the loan application.
Principal:
Definition: The original amount of money borrowed, excluding interest and fees. It is the base amount upon which interest is calculated.
Grace Period:
Definition: A specified period after the due date during which the borrower can make a payment without incurring late fees or penalties.
2. Object
The lender establishes a straightforward credit line for the customer, extending up to the specified credit limit. It is explicitly agreed that any fees, commissions, or charges incurred by the customer are not encompassed within the line of credit.
The lender retains the option to utilize the line of credit on one or multiple occasions during its duration, up to the maximum term stipulated. This involves subscribing to and accepting the corresponding promissory note, duly recorded or supporting the issuance of the award. Upon meeting the criteria outlined herein, the lender will credit the designated amount to the customer's account.
Both parties mutually acknowledge and consent that, in the case of customer withdrawals at or below the Credit Limit, the customer explicitly and irrevocably instructs and authorizes the lender to execute withdrawals through electronic transfer, bank deposit, or inter-bank transfer instructions.
3. Contract Acceptance
The parties mutually affirm that the acceptance of this Contract entails an external manifestation of the Contract concerning the Lender. The Lender's acceptance is intricately tied to the availability of the credit line.
4. Utilization
The parties jointly establish that the credit amount may be utilized for any purpose as freely determined by the lender. The customer explicitly asserts that the usage of the credit line adheres to legal standards.
5. Utilization Instructions
Both parties concur that the utilization of the Credit Amount will be executed in alignment with the instructions outlined in the Withdrawal Instruction provided by the Client. Following the implementation of instructions governing the utilization of the credit amount, the Client is obligated to remit the entire credit amount to the Lender.
6. Collection Service Fee
In the event of the Customer's failure to make a timely and proper payment of the Total Credit Amount, a collection fee becomes payable to the Lender under the following conditions: (i) commencing from the first day of the delay through the sixth day, a daily collection fee, as specified in the relevant Annex for this circumstance, is payable for each day of delay by the Lender; (ii) from the seventh day of the delay onwards, the amount specified in the corresponding Annex applies, and in the event that the Lender initiates legal or extrajudicial action against the Customer, the Customer may be liable to cover this amount.
7. Service Commission Charge
The Client commits to remit a service fee to the Lender. This service fee is computed based on the credit amount indicated on the title page and is to be paid by the Lender along with the credit amount within the designated payment term. The Lender will communicate to the Client, through the Application, the amount of the Service Fee applicable to each new withdrawal. The Client is obliged to settle this fee within the Payment Term.
8. Payment Obligations
The customer commits to remit to the lender the entire credit amount, along with any applicable collection charges. To fulfill its contractual obligations, the customer is required to make payments through the following methods before the designated payment deadline.
The customer explicitly affirms a comprehensive understanding that the account designated for the total credit payment must be under the name of the lender. Consequently, the customer is prohibited from making payments to any account where the lender is not the beneficiary. In instances where the payment is not reflected in the Lender's accounting records, the Lender will provide certification through the corresponding transfer receipt, deposit slip, or note.
Both parties mutually consent that all payments mandated by the Customer to the Lender, as outlined in this Agreement, shall not be subject to deductions or withholdings for any reason. Payments are required to be made no later than the specified payment deadline indicated on the cover sheet.
Any payments made by the Customer under the terms of the Contract shall be allocated by the Lender in the following order: (i) taxes, (ii) collection fees, (iii) service charges, and (iv) payment of the Line of Credit. The crediting of payments will be carried out as follows: (i) for cash payments, on the same day as the customer's payment, and (ii) for electronic transfers, on the day the transfer is executed.
9. Cancellation
The customer holds the right to cancel the contract within one day from the contract signing date, exempt from any liability or commission, provided they have not withdrawn the credit amount.
10. Term of this agreement
This Agreement remains valid for the term specified on the Cover Page, starting from the execution date. Regardless, the PARTIES mutually agree that it continues in force until all outstanding debts owed by the customer are settled.
11.Modifications
The Lender reserves the right to make amendments to this Agreement and its Exhibits. Notification of such modifications will be provided to the Customer at least thirty (30) calendar days before their effective date. The Lender will communicate and disseminate modifications through its application, outlining the address and telephone number, a summary of the changes, associated fees and interest rates, the effective date of the modifications, and the right to terminate this instrument without incurring any liability. In the event the Client disagrees with the proposed modifications, they may request an early termination of this Agreement within 30 days from the notice date mentioned in this clause, without any liability. The Client must first settle all debts arising from the agreement with the Lender up to that point, according to the initially agreed-upon terms. The Client is considered to have accepted the change if the contract amendment period concludes without the Lender indicating earlier termination.
12.Assignment
Without the prior written approval of the lender, the customer is prohibited from assigning any rights or obligations in its favor or at its expense. Any assignment not aligned with the terms stipulated in this Agreement is deemed void and not recognized by the lender. However, notwithstanding the foregoing, the customer explicitly authorizes the lender to endorse, assign, transfer, negotiate, influence, and/or pledge, at any time and respectively pursuant to the terms of this Agreement or any rights arising in favor of the lender in the future. The provisions of this paragraph also extend to any subsequent lender or assignee.
13.Termination
Upon the full payment of the total credit amount, the contract will be terminated. Consequently, the Lender will proceed to issue non-debt letters in favor of the Client. This electronic delivery will occur through the application, or the email address provided by the Client in the application, within 30 business days from the business day when the Lender receives the corresponding request from the Client. After the completion of this delivery as outlined in this paragraph, the relevant report will be submitted to the credit company. In the event the Customer fails to pay the total credit amount, either in full or in part, the Lender reserves the right to request a deposit against the credit amount.
COLLECTION SERVICE FEES ANNEX
DISCLAIMER
The customer hereby explicitly: (i) grants authorization to the lender and/or any subsequent holder (hereinafter the "Holder") to endorse, transfer, convey, discount, assign, negotiate, encumber, or transfer this promissory note and the associated credit rights at any time and place, representing the broadest and most essential authorization from the customer in this regard; (ii) extends the time for presentation of this Note, allowing payment within one year after the date of the last scheduled partial payment; and, (iii) authorizes the lender and/or the Holder, in the event of the customer's failure to pay the agreed amount on the specified payment date, to validly terminate the term outlined in this promissory note in advance. Consequently, the customer shall be obligated to pay the lender and/or the Holder the outstanding balance.
By affixing his electronic signature and signing the Promissory Note, the Customer provides his consent. This method serves as a fully valid means of proving consent through electronic channels and, in case of default, aligns with the provisions of the Commercial Code and the applicable regulations in force.
For any dispute or legal matter arising in connection with this promissory note, the customer expressly agrees to submit to the jurisdiction and competence of the competent Courts at the domicile of the lender and/or subsequent holder. Therefore, the customer waives any territorial jurisdiction that may correspond to it, either presently or in the future.
INFORMATION RIGHTS ANNEX
What are your Data Privacy Information Rights?
You have the following rights regarding your personal data:
Right to Request Special Privacy Protections. You have the right to request restrictions on certain uses and disclosures of your personal data by a written request specifying what information you want to limit, and what limitations on our use or disclosure of that information you wish to have imposed. If you tell us not to disclose information, we will abide by your request, unless we need to disclose the information for treatment or legal reasons. We reserve the right to accept or reject any other request and will notify you of our decision.
Right to Inspect and Copy. You have the right to inspect and copy your personal data, with limited exceptions. To access your personal data, you must submit a written request detailing what information you want access to, whether you want to inspect it or get a copy of it, and if you want a copy, your preferred form and format. We will provide copies in your requested form and format if it is readily producible, or we will provide you with an alternative format you find acceptable, or if we can’t agree and we maintain the record in an electronic format, your choice of a readable electronic or hard copy format. We will also send a copy to any other person you designate in writing. We will charge a reasonable fee which covers our costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary. We may deny your request under limited circumstances. If we deny your request to access your personal records or the personal records of an individual you are representing because we believe allowing access would be reasonably likely to cause substantial harm to the customer, you will have a right to appeal our decision.
Right to Request Confidential Communications. You have the right to request that you receive your personal data in a specific way or at a specific location. You may ask that we send information to a particular e-mail account or to your work address. We will comply with all reasonable requests submitted in writing which specify how or where you wish to receive these communications.
Right to Amend or Supplement. You have a right to request that we amend your personal data that you believe is incorrect or incomplete. You must make a request to amend in writing and include the reasons you believe the information is inaccurate or incomplete. We may deny your request if we do not have the information, if we did not create the information, if you would not be permitted to inspect or copy the information at issue, or if the information is accurate and complete as is. All information related to any request to amend will be maintained and disclosed in conjunction with any subsequent disclosure of the disputed information.
Right to Revoke Authorization. Your consent is necessary before “R.K. FINTRADE-Instant cash” can lawfully collect and process your personal data. You may revoke (take back) your consent at any time. For the avoidance of doubt, this does not invalidate any previous processing that “R.K. FINTRADE-Instant cash” has performed in accordance with consent originally given.
Right to Erasure or Blocking. You have the right to suspend, withdraw or order the blocking, removal, or destruction of your personal data. You can exercise this right upon discovery and substantial proof of any of the following:
a. Your personal data is incomplete, outdated, false, or unlawfully obtained.
b. It is being used for purposes you did not authorize.
c. The data is no longer necessary for the purposes for which they were collected.
d. You decided to withdraw consent, or you object to the processing and there is no overriding legal ground for processing.
e. The data concerns information prejudicial to the customer — unless justified by freedom of speech, of expression, or of the press; or otherwise authorized by law.
f. The processing is unlawful.
g. “R.K. FINTRADE-Instant cash”, or its personal information processor/s, violated your rights as a customer.
Right to Be Notified of a Breach. You have the right to receive notifications of breaches of your personal data, as may be required by law. Aside from protecting you against unfair means of personal data collection, this right also requires “R.K. FINTRADE-Instant cash” to notify you in a timely manner if your personal data has been compromised. If you have provided us with a current e-mail address, we may use e-mail to communicate information related to the breach.
Right to a Paper or Electronic Copy of this Notice. You have a right to be notified of our legal duties and privacy practices with respect to your personal data, including a right to a paper copy of this Privacy Notice, even if you have previously requested its receipt by e-mail.
10. How Does “R.K. FINTRADE-Instant cash” Collect, Use, Transfer or Disclose, Retain, and Dispose Your Personal Data?
“R.K. FINTRADE-Instant cash” collects personal information about you and stores it in a computer and in an electronic record. To the extent reasonably necessary to affect the relevant purpose, we may use or disclose your personal data for the following:
Payment. We use and disclose personal information about you to other providers under or in partnership with “R.K. FINTRADE-Instant cash”, with an affiliate company or parent company and other vendors to obtain payment for the services we have provided.
Payment Reminders. We may use and disclose your personal data to contact and remind you about due payments. If you are not home, we may leave this information on your answering machine or in a message left with the person answering the phone.
Research. Your personal information may be used and disclosed for research purposes; provided, that it is approved through a special review process to protect customer confidentiality. A researcher may have access to information that identifies you only through the special review process, or with your written consent. Your personal records may be used for data analytics to create customer demographics and trends; however, these reports are generated in such a way that customer identities are anonymized.
Marketing. We may use your contact details to communicate with you and give you information about products, promotions or services related to your loan applications or other services provided by “R.K. FINTRADE-Instant cash”, with an affiliate company or parent company and other business vendors that may be of interest to you. We may also contact you to ensure customer satisfaction regarding services provided, including identification of your concerns so that addressing of issues are assured.
Required by Law. As required by law, we will use and disclose your personal data, but we will limit our use or disclosure to the relevant requirements of the law. When the law requires us to report abuse, neglect or domestic violence, or respond to judicial or administrative proceedings, or to law enforcement officials, we will further comply with the requirement set forth below concerning those activities. We may disclose your personal data to an oversight facility for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure.
Law Enforcement. We may, and are sometimes required by law to, disclose your personal data to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness or missing person, complying with a court order, warrant, subpoena and other law enforcement purposes.
Other Uses and Disclosures: If “R.K. FINTRADE-Instant cash” wants to use or disclose your personal data for a purpose that is not discussed in this Privacy Notice, “R.K. FINTRADE-Instant cash” will ask for your written consent.