A. These terms and conditions as amended, modified, updated or restated from time to time govern the availment by the Merchant of the recurring payment services made available by PayU (“Recurring Payments T&Cs”). These Recurring Payments T&Cs may be amended, modified, updated or restated from time to time by PayU and the same shall be applicable on the Merchant immediately upon such amendment, modification, updation or restatement. The Merchant shall be responsible for periodically referring to these Recurring Payments T&Cs as amended, modified, updated or restated from time to time and to keep itself informed about these.

 

B. These Recurring Payments T&Cs constitute an integral part of the service agreement or master service agreement executed between PayU and the Merchant, as amended from time to time, pursuant to which PayU has been providing or shall provide aggregated online payment gateway solutions and services to the Merchant (“Service Agreement”).

 

C. The Merchant irrevocably and unconditionally acknowledges and accepts the following terms and conditions:

 

a) PayU will provide the technology solution to the Merchant to collect recurring payments from its Customers by registering e-mandates on Valid Cards and UPI (“E-mandate Services”). For providing E-mandate Services, PayU has integrated with various third parties including Issuing Banks, NPCI and other technology providers (“Partner Entities”) and has developed a platform to provide E-mandate Services to the Merchant (“SI Hub Platform”).

b) SI Hub Platform shall be offered by PayU to enable the Customers of the Merchant to register or de-register E-mandates in accordance with the process specified by PayU from time to time. For each E-mandate registered through the SI Hub Platform, PayU will provide a unique identifier for subsequent processing and tracking of the E-mandate through the SI Hub Platform (“PayU SI ID”).

c) In addition, for the E-mandate registered through the SI Hub Platform, PayU also provides PayU Services for processing and settlement of the Transaction using the E-mandate (“Charge Transaction”). The Merchant confirms that E-mandate Services shall be available only for such Issuing Institutions as are enabled by PayU through the SI Hub Platform. PayU shall, upon the Merchant’s request, update the Merchant with the list of Issuing Institutions for which E-mandate Services are enabled by PayU. For registering an E-mandate, the Merchant shall ensure that it obtains the required details from the Customers in the format provided by PayU and creates the necessary Customer interface for the same.

d) The Merchant confirms that E-mandate Services through SI Hub Platform shall be provided by PayU in accordance with the terms of the Service Agreement and the integration document provided and updated by PayU from time to time. Merchant shall at its own cost integrate with the SI Hub Platform for availing E-Mandate Services.

e) The Merchant confirms that an E-mandate can be registered only with the consent of the Customer obtained in the manner specified by PayU from time to time. Depending upon the integration with SI-Hub Platform, such consent of the Customer can be obtained by PayU or by the Merchant. In the event the Merchant is obtaining the consent of the Customer to tokenize a Valid Card and register the E-mandate, the Merchant shall ensure to clearly inform the Customer about the purpose and tenure of the E-mandate and the charges that will be made on the Customer Bank Account.

f) The Merchant shall also inform the Customer that in order to avail E-mandate Services, the details of the Customer will be shared by the Merchant with PayU and that PayU shall further share such details with Partner Entities involved in the process of providing E-mandate Services through SI Hub Platform. Such information collected by PayU and Partner Entities shall be processed in accordance with the respective privacy policies of PayU and such Partner Entities.

g) The Merchant confirms that the E-mandate shall be registered only when all the parameters prescribed under applicable laws are complied with and at the sole discretion of PayU and the Partner Entities. No E-mandates for a transaction value of more than INR 5,000 (or such other limit as may be prescribed by RBI from time to time) can be registered.

h) For each E-mandate registered, PayU will generate a PayU SI ID which will be a unique ID for each E-mandate registered by the Merchant. The Merchant shall ensure to save the PayU SI ID and provide the same to PayU for processing a Charge Transaction using PayU Services.

i) The Merchant shall provide an option to the Customer to opt-out of the E-mandate created by the Customer. The Merchant undertakes and agrees to not process the Transaction enabled by an E-mandate for Customers who have opted-out. In addition, the Merchant also confirms that Customers may directly withdraw their consent through the Partner Institution or PayU or Partner Entities.

j) The Merchant agrees that prior to raising a request to debit Customer Bank Account for the recurring payment, the Merchant shall at-least 3 days prior to the due date of processing the Charge Transaction, provide the details of E-mandate including PayU SI ID and other information as specified by PayU, intimating PayU regarding the payment Transaction to be processed. PayU shall process such request through the SI Hub Platform and inform the Customer in the manner prescribed under applicable laws.

k) The Merchant confirms that the intimation by the Merchant for processing of the recurring payment before the due date of the Charge Transaction shall not be treated as valid by PayU . The Merchant further understands that the processing of all such Charge Transactions shall be at the discretion of the PayU and Partner Entities.

l) The Merchant confirms that the Charge Transaction shall be processed in accordance with the Service Agreement and all provisions, including without limitation, Chargebacks, dispute resolution, settlement and withholding rights, shall be applicable to Charge Transactions mutatis mutandis.

m) The Merchant confirms that upon processing a Transaction using E-mandate Services, the Merchant may receive a Chargeback or dispute relating to the payment Transaction processed. The Merchant confirms that notwithstanding anything stated under the Service Agreement, the Merchant shall be solely responsible for any such Chargeback or liability arising from such disputes including any fees, fines, penalties, etc. as may be imposed by the Acquiring Bank, Card Schemes, Partner Entities or any regulatory authority. The Merchant confirms that relevant provisions of the Service Agreement shall be applicable to such Chargebacks or disputes mutatis mutandis.

n) The Merchant further agrees that it is validly authorised under applicable laws to take E-mandates from the Customer and obtain the details of the Customer Bank Account including the associated card number and CVV.

o) The Merchant shall maintain the records of all Customers’ consents in relation to the registered E-mandate on the Merchant Site and provide the same to PayU, Acquiring Bank, Issuing Bank, Card Scheme and Partner Entities, as and when required.

D. Capitalized terms that are used in these Recurring Payments T&Cs and are not defined shall have the same meanings ascribed to them under the Service Agreement.