Bill Junction refers to TechProcess Solutions Limited, a company incorporated under the Indian Companies Act 1956 having its registered office at Third Floor, C Wing,Trade World Bldg, Kamala City,Senapati Bapat Marg,Lower Parel, Mumbai-400 013.
Bill Junction/Service refers to the Electronic Bill Presentment and Payment Service offered by Bill Junction
BillJunction refers to the web site through which Billjunction is offering this service through the Internet.
The Cosmos Co-operative Bank Limited /Sponsor Bank refers to Cosmos Bank , a banking company incorporated under the Banking Regulation Act , 1949 having its Registered Office at ‘Cosmos Heights’, 269/270, Shaniwar Peth, Pune – 411 030. and acting as the Sponsor Bank under the ECS scheme introduced by the Reserve Bank of India.
Service Provider refers to Bill Junction.
User refers to the eligible customer above 18 years of age authorised by the Service Provider to use Bill Junction.
Payee refers to the person or entity with whom the Service Provider has an agreement for participation in the Service and to whom the User wishes the payment to be made.
Biller refers to the person or entity with whom the Service Provider has an agreement for participation in the Service and who presents to the User some or all the details of the bill through the Service and also accepts payments made by the User through the Service Provider.
Payment Instruction refers to instructions given by the User through BillJunction for effecting payment of the bill to the Payee/Biller
. Payment Account(s) refers to any account/s of the User, including the accounts maintained with any bank, from which the User desires to make payment of the bill to the Payee/Biller.
Business Day means Monday through Saturday, excluding Banking holidays.
Submission Date refers to the date on which the Payment Instructions are submitted by the User to the Service Provider..
Due Date refers to the date by which the Biller/Payee should receive the payment of the bill.
Payment Date refers to the date the Biller/Payee shall receive the payment of the bill.
Last date for edit refers to the date before which the User can choose to cancel/modify his/her Payment Instruction.
ECS refers to the Electronic Clearing System ( Debit Clearing ) implemented by the National Clearing Center (NCC) of the RBI, and of which Cosmos Bank is a registered user as a Sponsor Bank and sends Payment Instructions to, and receives payment from, the User's Payment Account.
It is hereby clarified that persons above 18 years of age and having the capacity to contract as specified under the Indian Contract Act, 1872 can only make bill presentment and payment through the Website.
AUTHORITY TO DEBIT PAYMENT ACCOUNT
For payment through the ECS the User shall furnish to Bill Junction an unconditional ECS Mandate in the manner and form prescribed by the RBI under the ECS Scheme designating the Payment Accounts from which he desires to effect the bill payment as per the Payment Instructions that shall be given by him from time to time. The User shall submit a copy of the ECS Mandate to his/her banker maintaining the Payment Account.
For payment of the bills where the ECS mechanism is not used, the User undertakes to authorise the Service Provider, in such manner and form, to debit his Payment Account for making payment of the bills, as prescribed by the service provider.
The User shall give the names of the Billers/Payees to whom he desires to make the payment through the Service. Any additions or deletions to the list of the Payees and Billers shall be communicated by the User in the form and manner as indicated by the Service Provider in Bill Junction.
Submission of the Payment Instructions shall amount to an irrevocable and unconditional authority to the Service Provider to initiate the process through the ECS or otherwise for debiting the Payment Account and make payment of the bill to the Payee/ Biller. The User shall submit Payment Instructions in respect of each bill payment or issue instructions to the Service Provider for making recurring payment on arrival of bills to some or all the Payees or Billers. Payment Instruction received through BillJunction, shall supercede all earlier instructions/ authorisations /mandates given by the User to anyone.
The User specifies a Login Name and a Password. The User shall change the Password as frequently thereafter as possible as a safety measure. Each time the User is desirous of accessing the Service, the User shall provide the Login Name and the Password, in the manner directed . The Service Provider shall have the right to request the User for further information for authentication of the User's bonafides and to use any other information for authentication of the User. The User shall be deemed to represent that he is the legal and beneficial owner of, or, is authorised to deal with the funds and property in the Payment Account each time the User uses the Service and seeks information in respect thereof.
1. The User shall ensure that the Password and his secret phrase which he can use to generate a new password in case he forgets his password are kept confidential, and to not let any unauthorised person have access to the computer while the User is accessing the Service.
2. If the User forgets the Password and Login Name/secret phrase, the User may request for the issue of a new Password through the Internet or through written communication to the Service Provider and this shall not be construed as the commencement of a new contract.
3. The User agrees and acknowledges that the Service Provider shall in no way be held responsible or liable if the User incurs any loss as a result of information being disclosed by the Service Provider regarding his/her Payment Accounts or carrying the instruction of the User pursuant to the access of the Service and the User fully indemnifies and holds harmless the Service Provider in that behalf.
4. The User shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. The Service Provider does not assume responsibility on his/her behalf.
The Payment Instructions will be effected only after authentication of the User in accordance with the prescribed procedure detailed hereabove.
Service Provider shall submit to COSMOS Bank, which is designated by the Reserve Bank as the Sponsor Bank under the ECS Scheme, the magnetic tape/floppy containing the Payment Instructions prepared by the Service Provider for each settlement period under the ECS, to be submitted to the RBI National Clearing Cell (NCC) to effect the Payment Instructions by debiting the Payment Account.
In case of payment through any mode other than through the ECS, the Payment Instructions shall be processed in the manner as may be indicated by the Service Provider from time to time.
If the Payment Date happens to be after the Due Date, the User shall be liable to pay the delayed/late charges and/or for all other consequences as per the then existing policy of the Payee/Biller.
The Service Provider shall incur no liability if it is unable to effect any Payment Instruction on the Payment Date because of the existence of any one or more of the following circumstances:
1. If the Payment Account does not contain sufficient funds to cover for payment of the respective bill or the bill amount exceeds the overdraft limit, if any, granted to the User.
2. If the funds available in the Payment Account are under any encumbrance or charge.
3. The name of the Payee and/or Biller and/or details required for effecting the payment are not correctly provided by the User.
4. On account of delay on the part of the User in sending the Payment Instructions to the Service Provider, on the part of the paying bank or at the NCC.
5. Due to refusal of the User's bank to honour the payment.
6. Circumstances beyond the Service Provider's control (such as, but not limited to, fire, flood, systems failure like computer breakdown or problems with a telephone line due to an unforeseeable cause or interference from an outside force).
However, if the Service Provider is unable to effect the Payment Instructions on/before the Payment Date for any reason other than the reasons mentioned above and directly attributable to the Service Provider the liability of the Service Provider shall be restricted to late payment charges, if any subject to the maximum of Rs 2000/- per bill. Under no circumstances the Service Provider and COSMOS Bank or its officers, directors, employees or agents shall be liable for any indirect, incidental, consequential or punitive damages, or for loss of profit, revenue, even if advised of the possibility of those damages except to the extent as mentioned above.
The User is also responsible for the accuracy and authenticity of the Payment Instructions provided to the Service Provider and the same shall be considered to be sufficient to effect the payment.
The Service Provider shall have the right to refuse to comply with the Payment Instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction, and have the right to suspend the operations of the Bill Junction facility if they have reason to believe that the User's instructions will lead or expose to direct or indirect loss or may require an indemnity from the User before continuing to operate the Service.
CANCELLING OR MODIFYING PAYMENT INSTRUCTIONS
The User shall be entitled to cancel or modify the Payment Instructions in the manner provided by the Service Provider before the Last date of edit. The Service Provider shall not be held liable if it is unable to stop or prevent the implementation of the initial Payment Instructions. The Service Provider shall at its discretion, with prior intimation to the User, charge to the User for cancellation or modification of the initial Payment Instructions.
FAILED PAYMENT INSTRUCTIONS
In case the bill payment is not effected for any reason , the Service Provider shall intimate the User through the Internet about the failed payment. The intimation shall deem to have been received by the User when the intimation enters the secure mailbox of the User provided by the Service Provider.
The Service Provider reserves the right to charge and recover from the User certain charges/fees for the Service rendered by debiting the Payment Account or by sending a bill to the User for the amount of charges /fees. Failure to pay the charges/fees on or before the specified date will render the User liable for payment of interest at such rate as may be stipulated by the Service Provider and/or withdrawal of the Service without any liability to the Service Provider .
ALTERATIONS AND AMENDMENTS
The Service Provider has the absolute discretion to amend or supplement any of these terms at any time and will give prior notice for such changes wherever feasible. Changed terms and conditions for the new Service introduced shall be communicated to the User through the Internet. By using the new Service, the User shall be deemed to have accepted the changed terms and conditions.
The Service provided to the User is not transferable under any circumstance and shall be used only by the User. However the Service Provider shall have the right to transfer, assign or sell all its rights under this Terms and conditions, and the User confirms and acknowledges that the Mandate given by him/her in favour of the Service Provider shall continue to be in force and effect for the benefit of the successors and assigns of the Service Provider.
The Service Provider is required to provide to the User with certain disclosures and notices which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. The User agrees to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, the User does not wish to receive the disclosures electronically, the User may advise the Service Provider immediately. However, if the User declines to receive the disclosures electronically, the Service Provider may choose to terminate the Service.
The read-out, the faxed /email output or the printed output, if any, that is received by the User at the time of operation of the Service is a record of the operation by the User . All the records of the Service Provider generated by the transactions arising out of the use of the Service, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
The Service Provider shall have no liability or obligation to keep a record of the transactions carried through the Bill Junction facility and/or provide information to the User or for verifying User's Payment Instructions, other than records required to be kept or information required to be provided statutorily by the Service Provider.
DISCLAIMER OF WARRANTY
The bill details/copies presented through the Bill Junction facility are provided by the respective Payee/Billers . The Service Provider is only a facilitator providing the Bill Junction facility and is not the creator or publisher, of the data contained in the bills . Any opinions, statements, services, offers, or other information expressed or made available in the data, are those of the respective author(s) or distributor(s) and the Service Provider does not guarantee the correctness or genuineness of the data.
The Service Provider shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing by the Service Provider. No delay or omission on the part of the Service Provider in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
LIABILITY OF THE USER AND THE SERVICE PROVIDER
The Service Provider shall not be liable for any unauthorized transactions occurring through the use of the Bill Junction facility and the User hereby fully indemnifies and holds the Service Provider and the Sponsor Bank harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. The Service Provider and the Sponsor Bank shall under no circumstance be held liable to the User if the Service is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of the Service Provider. Under no circumstances shall the Service Provider and/or the Sponsor Bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. Illegal or improper use of the Service shall render the User liable for payment of financial charges as decided by the Service Provider or will result in suspension of the Service .
If due to the fault of the Service Provider and/or the Sponsor Bank an amount in excess of the bill amount as indicated in the Payment Instructions is debited to the Payment Account, the Service Provider shall be responsible for reimbursing to the User to the extent of the amount so wrongly debited . (The Service Provider shall also have the right to demand from the Payee/Biller the amount of money so wrongly paid.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
The User agrees that the Service Provider, COSMOS Bank or its agents, representatives or contractors may hold and process his personal information and all other information concerning with his Payment Account on computer or otherwise in connection with the Service as well as for analysis, credit scoring and marketing. The User also agrees that the Service Provider may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognised credit scoring agencies and for fraud prevention purposes.
In consideration of the Service Provider providing the User the Service, the User hereby indemnifies and hold the Service Provider indemnified, as the case may be, including both their officer, employees and agents, against all losses and expenses on full indemnity basis which the Service Provider may incur, sustain, suffer or is likely to suffer in connection with the Service Provider's execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing the Service for any action taken or omitted to be taken by the Service Provider its officers, employees or agents, on the instructions of the User. The User will pay to the Service Provider such amount as may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
TERMINATION OF THE SERVICE
The User may request for termination of the Bill Junction facility any time by giving a written notice of at least 15 days to the Service Provider. The User shall remain responsible for all Payment Instructions given to the Service Provider prior to the termination date. The Service Provider may withdraw or terminate the facility granted to the User anytime either entirely or with reference to a specific service or use ; or in case of breach of terms and conditions by the User without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the User.
Notices under these terms may be given by the Service Provider and the User in writing by delivering them by hand/ by post to the last known address given by the User and in the case of the Service Provider to TechProcess Solutions Ltd,Third Floor, C Wing,Trade World Bldg, Kamala City, Senapati Bapat Marg, Lower Parel, Mumbai-400 013. In addition, the Service Provider may also send notices through the Internet, which are applicable to all Users or publish in the newspaper. Such notices will have the same effect as a notice served individually to each USER. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile(fax).
These terms and conditions and/or the use of the Service shall be governed by the laws of India. The User and the Service Provider agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under these terms and conditions. The Service Provider accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Service is accessed by a User in a country other than India does not imply that the laws of the said country govern these terms and conditions and/or the operations in the accounts of the User and/or the use of the Service.
The User acknowledges that the software underlying the Service as well as other Internet related software which are required for accessing the Service are the legal property of the respective vendors. The permission given by the Service Provider to use the Service will not convey any proprietary or ownership rights in the above software
. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software used in the Service or create any derivative product based on the software.
The clause headings in this agreement are for only for convenience and do not affect the meaning of the relative clause.
The Service Provider may sub-contract and employ agents to carry out any of its obligations under this contract. The Service Provider may transfer or assign its rights and obligations under this contract to any other entity.
The Service would operate during timings specified by the Service Provider. Any Payment Instruction received after the specified time on any day shall be deemed to have been received on the next Business Day.
The Service is governed by the guidelines issued by the RBI from time to time. The clause headings in this agreement are only for convenience and do not affect the meaning of the relative clause.