Collection - Repo Agency Agreement 050124-1
Collection - Repo Agency Agreement 050124-1
Collection - Repo Agency Agreement 050124-1
This Service Agreement is made on this ___ day of __________, 202__ (“Execution Date”) at Jaipur,
Rajasthan (“Agreement”).
BY AND BETWEEN
SK FINANCE LIMITED, a non banking financial company duly incorporated and registered under the
provisions of the Companies Act, 1956 and having its registered office at G 1-2, New Market, Khasa Kothi,
Jaipur, Rajasthan - 302001 (hereinafter referred to as “SKFL”, which expression shall unless repugnant to the
context or meaning thereof, mean and include its successor(s) and permitted assign(s) on the ONE PART;
AND
“SKFL” and “Service Provider” are hereinafter, whenever the context may so require, collectively referred to
as “Parties” and individually as “Party”.
WHEREAS
A. SKFL is a non-banking finance company governed with the Reserve Bank of India (“RBI”) and is inter alia
engaged in the business of advancing finance facilities (“Business”) to its customers.
B. In business, the repayment(s) by way of installments are spread over a period of time. For smooth
functioning of business, the specialized services of agencies are required to collect the dues from the
customers and also take the possession of assets from the customers as per the terms and conditions of the
loan Agreement entered with the customers.
C. Service Provider is in the business of providing specialized services of collection/repossession more
specifically described herein. Service Provider represents that it has relevant skill, requisite knowledge,
Page 1 of 20
experience, expertise, capability, infrastructure, resources and trained and experienced personnel having
requisite skills, trained and experienced expert professionals to perform the functions under this Agreement.
D. That based on the representations of Service Provider, SKFL has agreed to avail the services offered by the
Service Provider on non-exclusive and principal-to-principal basis on such terms and conditions and
consideration as mentioned herein.
E. The parties are now desirous of entering into this Agreement to record the terms and conditions on the basis
of which the Service Provider shall render the services to SKFL.
Page 2 of 20
10. “Force Majeure Event” shall mean any event or combination of events or circumstances beyond the
control of a Party which cannot (a) by the exercise of reasonable diligence, or (b) despite the adoption of
reasonable precaution and/or alternative measures be prevented or caused to be prevented, and which
materially and adversely affects a Party’s ability to perform obligations under this Agreement including:
(i) acts of God i.e. fire, draught, flood, earthquake, epidemics and other natural disasters;
(ii) explosions or accidents, air crashes and shipwrecks;
(iii) strikes, lock-outs, civil disturbances, curfew etc.;
(iv) war or enemy action or terrorist action;
(v) change in Applicable Laws, rules and regulations, injunctions or stay granted by court of law or
interim order;
(vi) any event or circumstances analogous to the foregoing which is beyond the control of the Parties;
11. “Intellectual Property Rights” means any and all now known or hereafter known tangible and intangible
rights of SKFL including but not limited to: rights associated with works of authorship throughout the
universe, including but not limited to copyrights, moral rights, and mask-works;
a. trademark and trade name rights and similar rights;
b. trade secret right;
c. patents, designs, algorithms and other industrial property right
d. all information, reports, studies, computer programs and systems, object or source code, flow
charts, diagrams, and other tangible material of any nature whatsoever produced by or as a result
of any Service rendered by the Service Provider to SKFL;
e. all other intellectual and industrial property rights (of every kind and nature throughout the
universe and however designated) (including logos, “rental” rights and rights to remuneration),
whether arising by operation of law, contract, license, or otherwise; and
f. all registrations, initial applications, renewals, extensions, continuations, divisions or reissues
hereof now or hereafter in force (including any rights in any of the foregoing).
12. “Security Incident” shall mean any unauthorized action by a known or unknown person which, if
attempted, threatened, or successfully completed, should reasonably be considered as an attack on the
Service Provider or its employees/ officers/agents in the field while carrying out the work or services being
provided by the Service Provider to SKFL.
13. “Tax” means all forms of applicable taxation, duties, levies, imposts and social security charges, including
without limitation GST, corporate income tax, wage withholding tax, provident fund, employee state
insurance and gratuity contributions, value added tax, customs and excise duties, capital tax and other legal
transaction taxes, stamp duty, dividend withholding tax, real estate taxes, other municipal taxes and duties,
environmental taxes and duties and any other type of taxes or duties in any relevant jurisdiction under Law
for time being in force in India, together with any applicable interest, penalties, surcharges or fines relating
thereto, due, payable, levied, imposed upon or claimed to be owed in any relevant jurisdiction.
14. “Term” means period of the Agreement and includes any extensions agreed by the Parties in writing.
15. “USER” shall mean the person who is using/driving the assets/vehicle at the time of repossession.
SECTION 2. INTERPRETATION
Unless the context of this Agreement otherwise requires:
(a) Words of one gender include the other gender; and words using the singular or plural number include the
plural or singular number, respectively.
(b) Whenever this Agreement refers to a number of days, unless otherwise specified, such number shall refer to
business days;
(c) Any capitalized terms used in any Annexures but not otherwise defined therein, shall have the meaning as
defined in this Agreement:
(d) References from or through any date mean, unless otherwise specified, from and including or through and
including, respectively;
(e) All Schedules hereto or referred to herein are hereby incorporated in and made a part of this Agreement as
if set forth in full herein;
(f) References to any Party include the successors and permitted assigns of that Party.
(e) The terms not defined in this Agreement shall be given the same meaning as given to them in the general
business sense. If no such meaning is given technical words shall be understood in technical sense in
accordance with the in accordance with the industrial practice.
Page 3 of 20
ARTICLE-II APPOINTMENT & SCOPE OF WORK
SECTION 1. APPOINTMENT
SKFL hereby appoints Service Provider to perform the service under this Agreement on non-exclusive and
principal-to-principal basis as independent entities in the City/District/Area of [___________] ("Territory"). In
the event SKFL desires to avail the Services of the Service Provider in other city/districts/areas, SKFL shall
communicate in writing to the Service Provider, and the terms of this Agreement shall be applicable to the
appointment of Service Provider for such new cities/districts/areas and in such event the term Territory shall
mean and include such new cities/districts/areas. SKFL shall provide name and address of the respective parties
including the guarantor, contract details, asset details, statement of accounts, late payment charges statement, a
copy of RC book and insurance policy and other relevant documents in order to establish and identify the
contract with the customer including the engine no and chassis number if any of the vehicle for which
installments are overdue and not paid by the customer consequent upon which the asset has to be repossessed.
The Service Provider shall be responsible for maintaining the books of accounts, records, documents etc., to
comply with Applicable Laws relating to the employees employed by it for the fulfillment of the terms herein.
Service Provider agrees that this Agreement does not create nor shall it be construed as creating, any agency,
partnership or joint venture or any distributorship or franchise between the Parties. Service Provider hereby
agrees that it shall not appoint any third parties for rendering the Services without prior written approval from
SKFL’s authorized representative, and if SKFL, at its sole discretion, approves appointment of any third parties
to render the Services under this Agreement then Service Provider shall be responsible as a principal for all acts
and omissions of such third parties.
Page 4 of 20
B. The Service Provider shall render all necessary co-operation and assistance to SKFL and/or its Affiliates,
as and when required in relation to receiving the applications for employment from individuals, and/or
the SKFL and/or its Affiliates in hiring or recruiting individuals having such qualifications, expertise,
experience as specified by SKFL and/or its Affiliates. The SKFL shall have an appropriate code of
conduct in place with the provision of punitive action in case of any breach by the employees.
Page 5 of 20
ARTICLE-IV REPRESENTATION AND WARRANTIES
SECTION 1. REPRESENTATION & WARRANTIES BY SKFL
SKFL represents that it has authority and competency to enter into the Agreement and is not under any
disability, restriction or prohibition that shall prevent it from performing or observing any of the obligations
under this Agreement.
Page 6 of 20
(M) SKFL shall be entitled to notify RBI or any other authority of the details of Services and/or the default in
performance of the Services by Service Provider and/or that it has entered into material outsourcing or is
planning to vary any such outsourcing arrangements. Service Provider authorizes SKFL to exchange,
share or part with all the information and data relating to this Agreement and/or the transaction
contemplated under this Agreement with other banks, financial institutions, credit bureaus agencies,
statutory bodies, affiliates of SKFL as may be required for use or processing of the said information.
(N) SKFL shall at times during the term of this Agreement be entitled to monitor and access the performance
of Services by Service Provider. SKFL shall have the exclusive rights and the Service Provider shall not
have any right to issue any communication/letter on behalf of SKFL or in its own name in relation to the
Services, to the customers of SKFL either directly or indirectly, which are contrary to this Agreement and
services agreed therein.
(O) Service Provider has assured not to conduct its business which is inconsistent with the overall strategic
goals and policies as indicated by SKFL in relation to the Services. Service Provider shall exercise the
same high standard of care in performing the services as would be exercised by SKFL, if the activities
were conducted within SKFL and not outsourced.
Page 7 of 20
to salaries and benefits, and shall be responsible for assignments and monitoring of performance and for
all disciplinary matters.
(K) All persons engaged by Service Provider shall be in sole employment/control of Service Provider and
Service Provider shall be solely responsible for their salaries, wages, statutory payments etc. Under no
circumstances shall SKFL be liable for any payment or claim or compensation (including but not limited
to compensation on account of injury death or termination) of any nature to the personnel/ employees of
Service Provider. Nothing in this Agreement shall be constructed as creating any contractual or other
relationship between SKFL and any personnel/ employees of Service Provider, nor any obligation on the
part of SKFL to pay or see to the payment of any money due to any such personnel/ employees.
(L) Personnel/employee of Service Provider shall continue to be the personnel/ employees of Service
Provider and work under its direction and shall not become or claim any employment from SKFL/or any
customer off SKFL on whose behalf Service Provider is appointed by SKFL, by virtue of providing
Services, irrespective of the location of performance of Services. Service Provider shall furnish such
records and information as may be required by SKFL in relation to the above and at such intervals as may
be required by SKFL from time to time.
(M) Service Provider shall ensure that it shall provide training to its staff/employees/ executives/personnel
etc., who shall be rendering the services as agreed under the Agreement including 100 hours training and
other necessary trainings as prescribed from RBI from time to time. If so requested by SKFL, Service
Provider shall provide evidence of all previous experiences, qualifications, competency training records
as prescribed by RBI under Fair Practice Code (“FPC”) and other regulations, qualification and
competency of any employee engaged in the performance of Services.
(N) Service Provider has assured its sole liability for the acts, deeds, things done by the personnel/ employee
of Service Provider. Service Provider is hereby prohibited from any nature of subcontract any of the
responsibilities contained herein to any sub-agent or sub-contractor. Service Provider has assured to
verify the identity and address of all its personnel/ employees and shall collect documentary proof to the
satisfaction of SKFL and shall share the same to SKFL as and when required from time to time.
(O) Service Provider shall not be at liberty to secure assignments from any other body corporate or bank or
any other person without prior written approval from SKFL’s authorized person. Service Provider shall
inform SKFL of such other assignments within a period of 15 days from the date of securing such
assignment. Service Provider has to take prior permission from SKFL in writing from its authorized
competent authority before entering into any such assignment with any person other than SKFL.
(P) Service Provider hereby confirms that it has developed and establish a robust framework for
documenting, maintaining and testing Business Continuity and Recovery Procedures and the same is
tested periodically and agreed to test the business continuity and recovery plan jointly with SKFL. SKFL
is free to engage as many as companies, firms, agents, Service Providers to provide the services at
SKFL’s sole discretion and Service Provider will not have any objection to any such arrangement/
outsourcing by SKFL to any other companies, firms agents or otherwise.
(Q) Service Provider confirms to SKFL that there are no pending litigations or any court proceedings/
disputes/claims pending against the service provider or its employees/ officers before any court or
tribunal as the case may be. Service Provider shall not engage such employees and/or the personnel who
has been convicted or any criminal proceedings, litigation, dispute or action have not been initiated,
pending or threatened against such employees and/or the personnel or has committed and/or attempted to
commit any crime involving moral turpitude.
(R) Service Provider has assured to obtain and maintain at all time during the term of this Agreement, the
valid police verification certificate of all its personnel/employee engages for the purpose of rendering
service under this Agreement.
ARTICLE-VI INDEMNITY
(A) Service Provider hereby agree to indemnify and hold harmless at all times SKFL and its officers,
directors, employees, representative and agents, customers of SKFL, against all or any consequences
arising out of any breach of this Agreement by Service Provider and/or its employee, agents including the
issues pertaining with the services, losses, legal proceedings, damages, charges, expenses, claims, legal
fees, liabilities, cost, penalty or fine, which may be caused to or suffered by or made or taken against
either of them arising out of or relating to any claim by a third party or on account or as a result of breach
of confidentiality obligations, misuse of either party's material, works and marks by the other party or its
personnel or as a result of any negligence, wilful misconduct, wrongful or unlawful act, fraud, act of
omission or commission, criminal act by either party or its personnel in connection with the terms and
conditions of this Agreement or any claim made by Service Provider personnel for any compensation,
disability benefits and the like, upon any and all claims on account of death and/or bodily injury to any of
such personnel while providing the services at other party’s premises, any loss incurred by SKFL owing
to failure on Service Provider part to comply with the provisions of Applicable Laws and shall
Page 8 of 20
immediately reimburse and pay SKFL on demand all damages, loss, cost, expenses or any changes that
SKFL may suffer or pay in connection therewith. On account of any loss or damage suffered by SKFL
then the quantum of loss suffered shall be determined by SKFL and shall be recovered from the Service
Provider. The Service Provider shall indemnify SKFL in respect of the same.
(B) Notwithstanding anything contained in this Agreement or any other documents executed or to be
executed between the parties all indemnities shall survive expiry or termination of this Agreement and the
Service Provider shall continue to be liable under the indemnities. An infringement of any of the clauses
shall amount to a material breach of the Agreement and the defaulting Party agrees to indemnify the
aggrieved Party from any loss, damages, harm caused to the aggrieved Party by any breach of this
provision by the defaulting Party.
(C) Service Provider shall indemnify SKFL, its officers, agents, and employees against any kind of liability
which arises while providing services to SKFL or may arise after the expiry of this Agreement. In such an
event the Service Provider shall be solely liable for any such loss and SKFL shall be entitle to recover
such losses from Service Provider even after the expiry or termination of this Agreement.
ARTICLE-VII CONFIDENTIALITY
During the Term of this Agreement, each Party may make available to the other Party, the Confidential
Information as well as information and materials embodying and/or conveying the same for the sole purpose of
this Agreement, which information and materials may include data with respect to SKFL’s customer(s)/user.
The Parties agree as follows with regard to the Confidential Information:
(A) Service Provider shall not, without the prior written authorization of SKFL, use, reverse engineer or
copy any of the Confidential Information disclosed by the SKFL, for any purpose other than as
specifically authorize by this Agreement to any person, firm or entity, except to authorized employees
and/or agents as required for the performance of the terms of this Agreement on a strict “ need to know”
basis. This confidentiality clause shall survive the termination of this Agreement.
(B) Service Provider agrees to regard and preserve as confidential and proprietary all Confidential
Information, and to take all steps necessary or appropriate to protect the same against unauthorized
disclosure or use, including, without limitation, causing each of its representatives, employees and agents
with access to the Confidential Information to enter into a confidentiality Agreement in a form acceptable
to the SKFL and prior to being granted such access.
(C) All proprietary and confidential information of either Party or its subsidiaries, affiliates, or licensees,
including without limitation all information, in any form, tangible or softcopy, including without
limitation applications, charts, data, documents, forms, instruments, papers or statements, regarding
either Party or any of its subsidiaries, affiliates, or licensees; or the affiliates of either Party or the
affiliates of any of its subsidiaries, affiliates, or licensees, the accounts, account numbers, names,
addresses or addresses or any other personal or sensitive data of any Party or its affiliates; or any
information derived there from shall form part of the Confidential information and shall not be disclosed
to any third party by either Party unless directed by the Court, or other legal or regulatory then such Party
shall notify to the other Party in writing, in sufficient detail immediately upon receipt of such court
order, legal or regulatory request or similar process, in order to permit the other Party to make an
application for an appropriate protective order at its own cost. The Service Provider hereby expressly
confirms that the SKFL may use the personal information including but not limited to the banking details,
any kind of personal or sensitive information as per IT Act, 2000 and rules framed thereunder for purpose
of its business from time to time.
(D) Service Provider shall immediately notify SKFL of any unauthorized disclosure or use of any of the
Confidential Information that comes to its attention, and shall take all action that the Service Provider
requests to prevent any further unauthorized use, access or disclosure thereof. In the event of any breach
of this Clause, in addition to any other remedies at law or in equity, the SKFL shall be entitled to
equitable relief, including injunctive relief.
(E) This Agreement imposes no obligation with respect to confidential information and IP Rights which
was known to Service Provider before receipt from SKFL is or becomes publicly available; is rightfully
received by Service Provider from a Third Party without a duty of confidentiality; is disclosed by the
SKFL to a Third Party without a duty of confidentiality on the Third Party; is independently developed
by Service Provider without a breach of this Agreement; is disclosed by Service Provider with Disclosing
Party’s prior written approval.
(F) The Service Provider shall use the Confidential Information only for the purposes approved by SKFL
in connection with rendering the Services and not for its own benefit or that of any third party or to the
detriment of the SKFL or any third party. The Service Provider shall keep all Confidential Information
strictly confidential by using a reasonable degree of care but not less than the degree of care used by it in
safeguarding its own confidential information.
Page 9 of 20
(G) If the Service Provider is directed by a court order, subpoena or other legal or regulatory
direction/request or similar process (“Court Order”) to disclose information recorded on any documents
or disclose any Confidential Information, the Service Provider shall provide a written notice to SKFL
along with a copy of the Court Order, immediately upon receipt of such Court Order unless directed by
SKFL and SKFL shall be given reasonable time to take appropriate legal measures against such Court
Order.
(H) Service Provider shall ensure the stringent security measures for the protection of confidential
information and accepts any liability arising in the event of any breach and/or leakage thereof. The
obligation of Service Provider for the protection of confidential information shall continue even after the
termination or expiry of Agreement. In any event unless all the documents has been handed-over to
SKFL, Service Provider shall preserve the documents as required by the law for time being in force and
shall take suitable steps to ensure its protection. In case Service Provider is associated with other entities
for rendering services, then Service Provider shall strictly ensure to isolate and clearly identify SKFL
customer's information, document, records and assets and to protect its confidentiality and security and
care shall be taken by the Service Provider to build strong safeguards so that there is no comingling of
information/ documents, records and assets. That SKFL shall be entitled to review and monitor the
security practices and control processes of Service Provider on regular basis and Service Provider shall
ensure to disclose any security breach to SKFL on an immediate basis.
Page 10 of 20
SKFL can inspect and examine the said record during the working hours of any business day. pertaining
to: (i) any information or documents required by the RBI or any other regulatory authority pursuant to the
Service Provider’s obligations under this Agreement; and (ii) any information or documents required by
the SKFL relating to the Services specified under schedule.
(B) Service Provider shall fully co-operate with any governmental or regulatory authority, including RBI or
the Securities and Exchange Board of India requests information or evidence of compliance with such
regulatory standards, or for any other legal purpose, subject to the confidentiality obligations contained
herein, the SKFL shall be entitled to provide such a requesting agency or authority with copies of such
audits conducted by it, or provided to it by Service Provider including any such related reports.
Additionally, SKFL shall be entitled to call upon Service Provider for its reasonable assistance in
responding to such queries, and the Service Provider shall employ its best efforts to provide the SKFL
with such information and assistance. Service Provider shall bare the cost if any for rectification of any
deficiency or irregularity pointed out at the time of Audit within the prescribed time frame and shall not
claim any amount from SKFL.
(C) The Service Provider shall retain audit trails and logs for administrative activities which should be
accessible to the SKFL as and when required. SKFL will periodically, as it deems fit, review the financial
and operational condition of the Service Provider to assess Service Provider’s ability to continue to meet
its outsourcing obligations under this Agreement. Such due diligence review which is based on all
available information about the Service Provider should highlight any deterioration or breach in
performance standards, confidentiality and security and in business continuity preparedness.
(D) SKFL will periodically, as it deems fit, review the financial and operational condition of Service Provider
to assess the Service Provider’s ability to continue to meet its outsourcing obligations under this
Agreement.
ARTICLE-XI LIMITATION OF LIABILITY
(A) SKFL shall be entitle to claim damages from Service Provider and Service Provider shall be liable to pay
to SKFL for any/all losses and expenses of any nature whatsoever arising directly/indirectly from any
dishonest, negligent, criminal, fraudulent act or for breach of any obligations including information
security breach as contemplated herein of Service Provider or any of its representatives, agents,
employees. Service Provider hereby agrees that SKFL shall have no liability whatsoever for any injury to
Service Provider and/or its employees, agents or representatives suffered while providing services to
SKFL. In no event shall SKFL be liable for any indirect, special or consequential damages which may
arise under this Agreement.
Page 11 of 20
(I) If there is any introduction of or change in laws or regulations applicable to SKFL which renders the
implementation of this Agreement or the discharge of any obligation hereunder is illegal or contrary to
regulation. If Service Provider becomes insolvent or goes into liquidation, whether voluntary or
compulsory, or is unable to pay its debts then SKFL shall be entitle to terminate this Agreement. If the
Service Provider ceases to carry on its operations for a period of five (5) Business Days for any reason
whatsoever.
(J) If any authority cancels, declines or suspends to renew the Service Provider’s license/ permission to carry
on its Service. Any act or omission by the Service Provider, which is in contravention of any material
terms and conditions of this Agreement or Applicable Laws or industry practice, or the circumstances
under which such act or omission is undesirable and/or objectionable.
(K) Any default and/or negligence on the part of the Service Provider which prejudices the image and/or
goodwill and/or reputation of SKFL and/or results in criticism of SKFL.
SECTION 2. TERMINATION
The Parties shall be entitled to terminate this Agreement at any time, by giving prior written notice of not less
than ninety (90) days, to the other party. SKFL may terminate this Agreement with immediate effect without
giving any prior notice and without prejudice to any other remedies under this Agreement or law in case of
event of default or any the circumstances which may cause prejudice to the right of SKFL.
ARTICLE-XIV NOTICE
All correspondence, notices or any other communication among the parties under this Agreement shall be in
English or Hindi and shall be in writing. The notice shall be construed as effectively served if sent by fax or e-
mail or speed post or registered post and/or other similar means of electronic communication. Any notice
required or permitted to be given shall be addressed to the address as mentioned under the Agreement. Any
party hereto may change any particulars of its address for notice, by notice to the other in the manner aforesaid.
Such change shall be effective 5 days from the date of receiving such notice. To prove service; it is sufficient to
Page 12 of 20
prove that the notice was transmitted by Email to the Email Id of the Service Provider and SKFL i.e.
_______________ and _______________ respectively, or in the case of post, that the envelope containing the
notice was properly addressed and posted. That any notice under this Agreement shall be in writing and shall be
addressed to SKFL and Service Provider at the address mentioned herein.
Page 13 of 20
responsibilities of the Service Provider and the SKFL. All the details of the arrangement shall be disclosed
to the customers upfront and their explicit consent shall be taken.
(H) The Service Provider shall adhere to the asset classification and provisioning requirement, as per the
respective regulatory guidelines applicable to them including reporting to Credit Information Companies,
under the applicable regulations for its share of the loan account.
(I) That the Service Provider shall adhere to extant instructions on Fair Practices Code as displayed on the
website of the SKFL and also the Code for collection of dues and repossession of security as displayed on
the website of SKFL.
SECTION 2. SEVERABILITY
If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, the
remaining terms and provisions of this Agreement shall remain unimpaired and in full force and effect.
SECTION 4. SURVIVAL
The terms and provisions of this Agreement that by their nature and content are intended to survive the
performance hereof including confidentiality, intellectual property rights, limitation of liability and indemnity
obligations by any or all parties hereto shall so survive the termination and/or expiration of this Agreement.
SECTION 8. PUBLICITY
Service Provider and their employees and representatives shall not use the name and/or trademark/ logo in any
sales or marketing publication or advertisement, or in any other manner without prior written consent of SKFL.
Page 14 of 20
SECTION 9. CONTINUITY OF BUSSINESS
(A) Service Provider shall prepare a specific continuity of business plan (“Plan”), for situations that may result
in difficulty or inability on the part of Service Provider to perform the Services under this Agreement,
within 30 days of the execution of this Agreement. Such Plan will be made available for the SKFL review
and will broadly address the following objectives:
(B) Identify issues and problems that could potentially disrupt Service Provider’s ability to provide Services in
both the short and long terms.
(C) Develop, maintain and document containment measures that mitigate the risk of Service disruptions
resulting from these issues and problems, which would include but not restricted to communication and
transportation plans;
(D) Develop and maintain Plan procedures for (i) the declaration of an emergency, (ii) notification and
escalation both within the Service Provider and to the SKFL, and an annual management review and
approval of the Plan.
(E) Service Provider shall develop and establish a robust framework for documenting, maintaining and testing
business continuity and recovery procedures. Service Provider shall also periodically test the business
continuity and recovery plan and shall also consider occasional joint testing and recovery exercises as may
be desired by SKFL, which shall be provided by Service Provider to SKFL, upon its request in this regard.
Page 15 of 20
The Parties shall not be liable for default or non-performance of the obligations under this Agreement, if such
default or non-performance of the obligations under this Agreement is caused by any reason or circumstances or
occurrences of Force Majeure event. In the event of any Force Majeure, the Service Provider shall notify SKFL in
writing of such circumstances and the cause thereof immediately within two (2) calendar days. Unless otherwise
directed by SKFL, the Service Provider pleading Force Majeure shall continue to perform/render/ discharge other
obligations as far as the same can be reasonably attended/ fulfilled and shall seek all reasonable alternative means
for performance affected by the event of Force Majeure. In such a case, the time for performance shall be extended
by a period(s) not less than the duration of such delay. If the duration of delay continues beyond a period of one (1)
month, SKFL shall have a right to terminate this Agreement.
IN WITNESS WHEREOF Service Provider has hereunto affixed its signatures and SKFL has caused these
presents to be executed by its authorized signatory the day and year first hereinabove mentioned.
By SKFL Service Provider
Name Authorized Person
Designation
Contact
WITNESS 1 WITNESS 2
Name
Address
Signature
Place
Page 16 of 20
SCHEDULE – I
SCOPE OF WORK
Page 17 of 20
frame. Service Provider shall further ensure that there is no misuse of any kind of any cash collected or
vehicle/asset repossessed by the Service Provider.
6. At the time of taking custody of the vehicle, the Service Provider shall ensure that the following on the spot
several high resolution photographs of the vehicle are taken up to the satisfaction of SKFL:
i. photographs of the exterior of the vehicle from all four sides; and
ii. Photographs of the interior of the vehicle covering all angles. The Service Provider shall immediately
share the said photographs with the person authorized by SKFL.
7. After repossessing the vehicle, the Service Provider shall intimate the concerned local police department about
such repossession.
8. Service Provider shall follow the due process of law at all times while taking the repossession of the vehicle.
The Service Provider shall not take the possession of the vehicle in the following conditions:
i. When there is a medical emergency at the house or place of customer(s)/user.
ii. When there is any lady or child in the vehicle, then the Service Provider shall ensure that the lady and or
child is not in the vehicle at the time of repossession of the same.
iii. The Service Provider shall not take repossession of the vehicle before sunrise and after sunset.
iv. The Service Provider shall not use any kind of foul language or physical abuse at the time of
repossession of the vehicle. In case if the need arises where the customer/user is a history sheater or a
goon then the Service Provider may take help from the local police in taking repossession of the Vehicle
and take the repossession in the presence of the Police.
9. The repossession process shall be deemed to have been completed with respect to a vehicle when all the acts
mentioned above have been undertaken by the Service Provider to the satisfaction of SKFL.
10. Service Provider shall be responsible for the safety and custody of the repossessed vehicle till it is handed over
to the representative of SKFL at the yard and a proper receipt is issued in this regard. In case the vehicle is
damaged during the re-possession process, the Service Provider shall be liable for the same.
11. Service Provider shall peacefully repossess the vehicle without using any force, coercion or any other illegal
means. Further, at the time of taking possession of the vehicle, the Service Provider shall handover any personal
articles/goods, loaded or lying inside the vehicle to the customer or any other person from whom the vehicle is
being re-possessed. In case, at the time of repossessing the vehicle, the vehicle is carrying any consignment
having heavy goods which cannot be removed and handed over to the customer or any other person from whom
the vehicle is being re-possessed, the Service Provider shall immediately inform SKFL for enabling it to inform
the consignor and consignee of such goods and shall do as may be directed by SKFL.
12. Service Provider shall not engage such employees and/or the personnel who has been convicted or any criminal
proceedings, litigation, dispute or action have not been initiated, pending or threatened against such employees
and/or the personnel or has committed and/or attempted to commit any crime involving moral turpitude. The
Service Provider shall, at the time of executing this Agreement, submit the police verification report of its
existing staff/team to SKFL and in case of joining of any new member, the Service Provider shall provide
police verification report with respect to such new persons within two (2) days of their joining.
13. In the performance of the services under this Agreement, the Service Provider shall be bound to observe and
liable to ensure that its employees and/or the personnel engaged by the Service Provider for performance of the
services shall observe the applicable laws and guidelines at all times.
14. Service Provider understands that the services under this Agreement shall be subject to continuous monitoring
and assessment by SKFL and in case SKFL deems any corrective measures necessary in respect of the services
under this Agreement, the same shall be implemented by the Service Provider immediately without any demur
on being duly notified by SKFL.
15. The actions of the Service Provider shall not cause nuisance, wrong doing and disgrace to any person and shall
not falsely state the character, amount or legal status of any outstanding or imply that the person has committed
a crime in order to disgrace and/or humiliate the prospective customer/user .
16. Service Provider shall perform the services, through itself, its employees or its team in a lawful manner and
shall not engage in any unfair or misleading practices or resort to any forcible, oppressive vindictive, unfair,
illegal or criminal means and shall not engage in any conduct or practice which harasses, oppresses or abuses
the prospective customer(s) or any person in connection with the services.
17. Service Provider shall not use violent or any criminal means to harm the person, reputation or property of any
person.
18. Service Provider shall be courteous, polite to the customer/ any other person from whom the vehicle is being re-
possessed and other persons present at the time of repossession of the vehicle and shall under no circumstances
use obscene, profane or abusive language or hold out any threats that cannot be legally carried out.
GENERAL TERMS
Service Provider hereby agrees to provide the following services to SKFL at all time during the term of this
Agreement as per the specifications provided by SKFL:
Page 18 of 20
A. SKFL always endeavors to main the customer relationship and that the service provider shall ensure that the
services of Collection/Repossession process is based on courtesy, fair treatment and gentle persuasion and shall
maintain the same decorum. SKFL never supports any kind of harassment or physical force with customers to
facilitate collection. Service Provider shall render the collection/ Repossession services to SKFL by maintaining
SKFL’s policy.
B. SKFL has engaged the Service Provider and, has agreed to act on the terms and conditions specified in this
Agreement. The Service Provider shall perform obligations under this Agreement as per the guidelines issued by
SKFL and RBI from time to time. Service Provider shall perform Services by ensuring strict compliance of the
guidelines.
C. Service Provider shall ensure at all times that its personnel/employees or any other person in relation thereto
employed by Service Provider shall conduct themselves in a polite and presentable manner and carry identity
cards duly issued by service provider.
D. Service Provider shall ensure that monthly performance of services are tracked via. MIS and supporting data and
maintained by the Service Provider, wherein tracking of all the activities carried out by the Service Provider
within the prescribed time lines are monitored and shared with SKFL from time to time as required by SKFL.
The format of the MIS shall be provided by SKFL from time to time and the Service Provider shall share MIS
alongwith data with SKFL at the end of every month.
E. Service Provider shall further ensure that all its employees/agents/officers shall bear valid ID-Card issued by the
Service Provider at all times while providing services. The Service Provider shall ensure that there is no misuse
of any kind of ID-Card or any data by the employees/agents/officers of the Service Provider and shall maintain
the data of all its employees.
F. Service Provider and/or its personnel/employees or any other person in relation thereto shall maintain the highest
decorum and decency during customer visits.
G. Customer(s) would be contacted ordinarily at the places of their choice and in the absence of any specified place,
at the place of their residence and if unavailable at the residence then at the place of their business or occupation.
H. Normally the Service Provider and/or its personnel/employees and/or any other person in relation thereto, will
contact the customer(s) of SKFL in between [700 hours-1900 hours] unless the special circumstances of
customer’s business or occupation requires to be contacted at different time if duly permitted by customer.
I. Customer(s) would be provided with relevant information regarding the outstanding amount to enable discharge
of dues.
J. Identity/Authority of Service Provider and/or its personnel/employees, any other person in relation thereto, to
represent SKFL for follow up and recovery of dues would be made known to the customer(s) at the first instance.
K. Service Provider and/or its personnel/employees, any other person in relation thereto, shall respect the privacy of
SKFL’s customers. SKFL shall have the right to call upon Service Provider to replace any of its personnel/
employees or any other person in relation thereto of the Service Provider who is in sole opinion of SKFL,
jeopardizing the interest of SKFL and the Service Provider shall forthwith comply with the demand of SKFL.
L. Service Provider and/or its personnel/employees and/or any other person in relation thereto, shall not claim any
lien or charge on the amount/payment collected by Service Provider even if any other amount is due and payable
by SKFL to Service Provider.
M.Service Provider and/or its personnel/employees and/or any other person in relation thereto, shall not maintain
any kind of personal relationship either directly or indirectly nor shall enter into any kind of personal financial
transactions with the customers.
N. Service Provider has assured that it has obtained valid police verification certificates for all personnel/employees
and/or any other person in relation thereto engaged in rendering services under this Agreement and such person
has no criminal antecedents/background.
O. In the event of any deviation from any of the conditions by Service Provider and/or its personnel/employees
and/or any other person in relation thereto, SKFL shall be at liberty to terminate this Agreement with immediate
effect without giving any prior written notice and shall also reserves the right to take appropriate legal action.
Code of Conduct for Service Provider and/or its personnel/employee or any other person in relation thereto:-
Do’s Do Not’s
Page 19 of 20
Decency and decorum to be maintained
Should not get personal
Fluency in English and local language
Identity card, letter of authority Do not collect any cash without issuing
Official receipt book issued from the company authorized receipt to the
Belongings Service Provider customer
Diary for writing the information gathered
Customer’s current statement of a/c
Collector should not make any verbal or
Fair and ethical in your dealings with
written promise to customers with on
Ethic customer
behalf of SKFL on matters outside his
Collection interaction should be based on
preview or on product features
courtesy, fare treatment and persuasion
No personal deadliness with customer’s
Unauthorized information written or
Present all the information required to by
Information verbal cannot be divulged to any customer/
the customer in an orderly fashion
and competitor/any other person
Service Provider to keep records of
Confidentiality No information on the customer’s to be
interactions with the customer
shared with other customer’s
Collection will perform their role within the
Process
frame work of the instruction issued to them
product
in terms of process manuals and specifies of
Discipline
collection procedure based on the product
Maximize Collection will strive to maximize the
Effectiveness effectiveness of the visits by pre-visit
preparation and result oriented in order to
improve result
Proximity Maintain a reasonable distance from No physical contact with the customer
customer No obstruction to customer movement
Timing Earliest: 07.00 hours
Latest : 19.00 hours
Repossession Repossession to be carried out strictly as per No repossession to be done beyond 19.00
SKFL’s norms and FPC as prescribed by hours
RBI from time to time. No repossession to be done without clear
authentication and Repo kit.
SCHEDULE – II
FEE SCHEDULE
SR. NO. PARTICLUAR AMOUNT
Page 20 of 20