Offer 944990

Download as pdf or txt
Download as pdf or txt
You are on page 1of 13

ROBOCASH LK SERVICES (PVT) LTD

No. 04 Geethanjalee Place, Level 5, Colombo 03


070112208220
[email protected]
https://robocash.lk
Registration No. PV00235761

Promissory note

Loan Agreement No. 944990

Date 22/02/2023

Borrower information

MR./MS. Ul Malika

DATE OF BIRTH 20/09/1981

REGISTERED MOBILE NUMBER 0741967739

NATIONAL IDENTITY NUMBER (NIC) 817644260V

RESIDENTIAL ADDRESS Ratnapura Embilipitiya Udawalawe

Borrower’s bank account details:

BANK ACCOUNT NUMBER 295200230031914

BANK NAME Peoples Bank

Details of the Loan granted to Borrower:

LOAN AMOUNT 8000 LKR

LOAN TENOR 28 days

LOAN DISBURSEMENT DATE 22/02/2023

SERVICE FEE As stated in Annexure No 1

CONSULTING FEE As stated in Annexure No 1

PENALTY FEE As stated in Annexure No 1

TOTAL AMOUNT TO BE PAID 11691.84

(IF TIMELY MADE REPAYMENT ON PAY DAY)

PAY DAY 22/03/2023

THIS LOAN AGREEMENT made on 22/02/2023


BY AND BETWEEN
( 1 ) Ul Malika of Ratnapura Embilipitiya Udawalawe hereinafter referred to as the “Borrower” which
term or expression as herein used shall where the context so requires or admits mean and include the
said Borrower and his respective heirs, executors and administrators, and

( 2 ) RAPIDLEND (PVT) LTD, a company duly incorporated under the laws of Sri Lanka bearing
Company registration No. PV00235761 having its registered office at No.4, Geethanjalee
Place,Colombo 03 in the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the
“Lender” which term or expression shall where the context so requires include its successors and
permitted assigns), and

( 3 ) ROBOCASH LK SERVICES (PVT) LTD, a company duly incorporated under the laws of Sri Lanka
bearing Company registration No. PV00232134 having its registered office No.4, Geethanjalee
Place,Colombo 03 in the Democratic Socialist Republic of Sri Lanka (hereinafter referred to “Service
Provider” which term or expression shall where the context so requires include its successors and
permitted assigns.

The Borrower, the Lender, or the Service Provider are hereinafter individually referred to as a
“Party” and collectively as the “Parties”.

The Parties hereby agree to enter into this Loan Agreement on the following terms and conditions.
(the “Agreement”):

RECITALS

A. WHEREAS the Service Provider through its online portal connects borrowers (who are customers)
with numerous lenders (in the financial market of Sri Lanka) subject to the terms and conditions of this
Agreement and the General Terms and Conditions (the “General Terms and Conditions”) available on
the website of the Service Provider https://robocash.lk.

B. WHEREAS the Service Provider possesses information about the loan portfolio offered by such
lenders similar to the Lender and may upon the request of the respective Borrower provide them with
information necessary and sufficient to enable such Borrower to choose from one of the loan products
offered by such lenders on the market.

C. WHEREAS the Borrower for the purpose of personal consumption has applied to the Lender for a
personal loan, which the Lender has agreed to grant subject to the terms and conditions of this
Agreement.

D. The Borrower hereby agrees to pay the Lender certain fees, as set out herein, in consideration of the
Lender providing the said loan, without the acceptance of any security or without overly scrutinizing the
credit worthiness of the Borrower

E. The Borrower shall hereby agree to the Lender that the said fees are fair, justified, reasonable and
equal in the circumstances, and that the Borrower shall make no claims otherwise;

F. The Borrower shall hereby agree to pay the Service Provider a service fee, as set out herein, as the
loan was requested by the Borrower by utilizing the Platform (as defined in the General Terms and
Conditions) owned and operated by the Service Provider;

G. The Borrower shall hereby agree to the General Terms and Conditions that he acceded to and
consented to via the Platform owned and operated by the Service Provider forms an integral part of this
Agreement;

H. This Agreement shall be governed by the Electronic Transactions Act No.19 of 2006 as amended by
the Electronic Transactions (Amendment) Act, No. 25 of 2017. The Verification Code received by the
Borrower through Facebook Account kit or via short message service (SMS) (hereinafter sometimes
referred to as the Electronic Code or Verification code) shall be the electronic signature of the Borrower
as his ACCEPTANCE to the Agreement herein

I. By signing the Agreement, each of the parties acknowledge to have read, understood and agreed to
be bound by the provisions of this Agreement and the General Terms and Conditions.
J. The terms and definitions used in this Agreement shall have the same meaning in the General Terms
and Conditions and vice versa.

1. DEFINITIONS
Consulting Fee – a fee payable by the Borrower to the Lender for the processing of the Loan. The
consulting fee is calculated based on a certain rate and resulted in the amount of one-off fee for the
appropriate the Loan amount and Loan tenor. Whereas, the first Loan shall be exclusively and
irrevocably subjected to a zero percent consulting fee. Applicable consulting fee rate shall vary in
accordance with the appropriate loan category as indicated in the annexure No 1 of this Agreement;

Disbursement date – the date on which the Loan will be disbursed to Borrower’s bank account
provided by Borrower via Platform;

Loan – any loan obtained by the Borrower from the Lender using the Platform, including the principal
amount, all calculated interest (if any) and all applied fees, such as Consulting Fee, Service Fee and
other applicable fees set out in this Agreement;

Notice to Borrower – the notifications/approvals/confirmations Notices on willful failure to repay, Final


Reminders, Letters of Termination, Letters of Demand or any other correspondence (where applicable)
sent by the Lender by itself or through the Service Provider to the Borrower in respect of certain matters
as maybe referred in the Agreement that are to be performed via SMS and/or direct call to the
Borrower’s mobile phone number as provided in the Agreement (the “Registered Mobile Number”)
and/or via such other method that the Lender or the Service Provider may deem fit;

Pay Day – the date on which the Loan shall be repaid by the Borrower to the Lender as stated on the
second page of this Agreement. If the Pay Day falls on the 29th, 30th, or 31st and there is no such date
on a particular month then the Pay Day shall be the last day of that particular month;

Payment Agency – payment services provider as appointed by the Lender from time to time;

Platform – an internet-based lending platform owned and operated by the Service Provider, using the
domain https://robocash.lk which shall contain the following information that may be accessed by the
Borrower:

A. loan parameter calculation;

B. information about status of any application made by the Borrower;

C. information about new services and products provided by the Platform; and

D. information about the amounts due by the Borrower to the Lender under the Agreement;

Penalty Fee – In case the Loan is not repaid by the Pay Day, the Borrower shall be required to pay
penalty fee on the outstanding debt of the Loan on the 3rd, 11th, 21st and 31st day from the Pay Day.
Penalty fee is equal to 15% per cent from the due Loan amount, calculated and applied in all instances
when a due payment is not paid until the Pay Day
Services – services provided by the Service Provider to the Borrower through the online Platform
available on the website of the Service Provider https://robocash.lk. or otherwise including the services
set out below:

A. Collection, validation and verification of the Borrower Data and other information to be provided by
the Borrower and review of the Loan applications made by the Borrower;

B. Informing the Borrower in the event that the Lender agrees to provide a Loan to the Borrower on the
terms and conditions requested for by the Borrower and those set out in the Agreement;

C. Establishment and operation of the Platform and preparation of the documentation required for the
granting of the Loan, where required;

D. Calculation of amounts due from the Borrower to the Lender and communication of the same to the
Borrower;

E. Provision of reminders to the Borrower regarding the amounts due and the dates on which such
amounts are due at its sole discretion, and communication of the same to the Borrower;

F. Drafting similar type of loan agreement as the Agreement and arranging its execution; and

G. Any other services as may be offered and described by the Service Provider from time to time on the
Platform.

Service Fee – fee payable by Borrower to the Service Provider in terms of Clause 6 of this Agreement.
The amount of Service fee is set out in the second page of the Agreement. The Service Fee is
calculated based on a certain rate and resulted in the amount of one-off fee for the appropriate the Loan
amount and Loan tenor. First loan shall be subjected to a zero percent service fee whereas the
Borrower is released from the service fee. Applicable service fee rate shall vary in accordance with the
appropriate loan category as indicated in the annexure No 1 of this Agreement.

Prolongation Fee – fee payable by the Borrower to the Lender for consulting or assisting in extension
of the Loan. Prolongation may be offered by the Lender at its sole discretion.

Verification Code – a digital code sent through Facebook Account kit or via short message service
(SMS) to Borrower’s mobile phone number.

2. Loan

I. The Lender, relying upon each of the representations and subject to the obligations of the Borrower
set herein, hereby agrees to lend to the Borrower Loan in the amount and conditions indicated on the
second page of the Agreement in the manner hereinafter set out in the Agreement by transferring the
respective Loan to Borrowers account indicated on the second page of this Agreement.

II. The Borrower undertakes to repay the Loan including the interest (if any), applied fees and charges
and / or any other payment not later than by the Pay Day. The Loan amount repayable shall include the
applicable fees, chargers and any other payment as set out herein.

III. The Borrower agrees that the stated and applied interest (if any), all applied fees and charges and /
or any other payment are fair, justified, reasonable and equal in the circumstances, and that the
Borrower shall make no claims otherwise.

IV. The Borrower acknowledges and agrees that the Lender shall have the right, in its sole discretion, to
reduce the Loan Amount and the Loan tenor, unilaterally provided the Lender provides written notice
thereof to the Borrower;

V. The Parties acknowledge and agree that the Lender shall have the absolute right, in its sole
discretion, to terminate this Agreement without any liability whatsoever in the event the mobile phone
verification of Borrower cannot be successfully performed or any other intentional or unintentional
breach of any one or more of the terms and conditions embedded in this Agreement.

3. MINIMUM CRITERIA

I. The Borrower acknowledges, affirms and understands that the Loan/s is being granted subject to the
Borrower fulfilling the following minimum criteria and the Borrower hereby represents and warrants to
the Lender that the Borrower satisfies or shall satisfy these minimum criteria:

a. The Borrower’s age is above twenty (20) years when applying for the Loan;

b. The Borrower’s residential address is located within Sri Lanka;

c. The Borrower accepts his/her Verification Code within 15 minutes of being sent one by the Platform;
d. The Borrower answering a phone call placed to the Borrower by the Service Provider and verifying
his/her identity to the satisfaction of the Service Provider; and

e. The Borrower’s references verifying the information supplied by the Borrower;

II. The Borrower agrees and understands that the Lender and/or the Service Provider has conducted
and/or shall conduct data verification, which shall include but not be limited to:

a. Verification by way of phone calls to the Borrower and references provided by the Borrower as well
as to the Borrower’s employer if deemed necessary by the Service Provider;

b. Mobile phone verification; and

c. Processing data from social network profiles, provided by the Borrower during the loan application
process.

4. DETAILS OF THE LOAN

I. Key terms of the Agreement agreed between the Parties such as the Loan amount, Loan tenor,
Disbursement date, interest rate (if any), Consulting Fee, Service Fee, Penalty Fee, Pay Day are stated
on the second page of this Agreement and Annexure No 1 of this Agreement;

II. The total Interest payable on this Loan shall be zero (0%) per centum. The Lender however at its
discretion may change the interest rate from time to time by Notice to Borrower;

III. The Consulting Fee and the Service Fee are accrued immediately after the Loan disbursement and
shall be paid on Pay Day. The said clause shall not be applicable for the first loan disbursements;

IV. Borrower undertakes to repay the Loan not later than by the Pay Day, considering that the Borrower
reserves the right to fully repay and settle the Loan at any time before the expiration of the respective
Loan tenor;

V. In case the Loan is not repaid by the Pay Day, the Borrower shall be required to pay penalty fee on
the outstanding debt of the Loan on the 3rd, 11th, 21st and 31st day from the Pay Day. Penalty fee is
equal to 15% per cent from the due Loan amount, calculated and applied in all instances when a due
payment is not paid until the Pay Day;

VI. The Loan shall be disbursed to the Borrower’s bank account provided by Borrower via Platform. The
Borrower shall receive Notice to Borrower on the Loan approval and Loan disbursement upon Loan
disbursement date;

5. SERVICES

I. The Borrower hereby retains the Service Provider to provide the Services to the Borrower pursuant to
the terms and conditions of the Agreement and the Service Provider hereby agrees to render the
Services to the Borrower;

II. The Borrower understands and agrees that the Service Provider has conducted and/or shall conduct
data verification, which shall include but not be limited to:

a. Verification by way of phone calls to the Borrower and references provided by the Borrower as well
as to the Borrower’s employer if deemed necessary by the Service Provider;

b. Mobile phone verification; and

c. Processing data from social network profiles, provided by the Borrower during the loan application
process;
III. Early prepayment of any due amounts shall be possible at any time;

IV. The Service Provider may conduct a credit risk assessment of the Borrower by itself, at its cost but
without any obligation to do so, through a third party;

V. The Service Provider shall have the right to contact the Borrower or person(s), referred to as a
“contact person” in Borrower’s loan application through various means, including but not limited to: (i)
phone text messages; (ii) emails; (iii) voice calls; (iv) automated voice calls; and (v) any other method
deemed necessary by the Service Provider;

VI. The Borrower expressly acknowledges that:

a. the Service Provider shall have no obligation to accept a loan application submitted by the Borrower
or forward a loan application to the Lender, and shall have no responsibility whatsoever to make or
procure the making of any Loan to the Borrower or for the Lender’s refusal to make a Loan on the terms
requested in the loan application or on any other terms and conditions;

b. the Service Provider has made no representation, warranty or other commitment, whether verbal or
written, (i) as to the likelihood that a loan application will be accepted by the Lender, (ii) that a Loan will
be made available by the Lender, or (iii) as to the terms and conditions of any Loan. The Borrower
hereby now and forever releases the Service Provider from any liability in the event the Borrower is not
able to obtain a Loan; and

c. the Service Provider shall not be responsible for any decision made by the Lender (i) in respect of
any of the loan applications or the Loan or (ii) under the Loan Agreement or otherwise.

VII. The Borrower hereby confirms and acknowledges that the Service Provider has not given and shall
not be deemed to have given the Borrower any advice as to the advisability of borrowing funds from the
Lender or his/her ability to repay a Loan and that he/she has made his/her own decision as to whether
to accept a Loan on terms and conditions offered by the Lender. The Borrower hereby now and forever
releases the Service Provider from any liability in the event the Borrower suffers any adverse
consequences arising from any Loan obtained by the Borrower from the Lender or his/her obligations
under any new loan agreement or the Agreement;

VIII. The Borrower acknowledges that the failure of the Service Provider in providing reminders shall not
be a reason for any default in the payment or repayment of any amounts due under the Agreement;

IX. The Service Provider shall act independently in providing the Services. Nothing in the Agreement
shall create any principal-agent relationship between the Borrower and the Service Provider or
otherwise impose any fiduciary or other obligations on the Service Provider whatsoever.

6. SERVICE FEE

I. The Service Fee under the Agreement consists of the fee payable by the Borrower to the Service
Provider for the Services provided by the Service Provider including but not limited to evaluation, Loan
management; and for other services provided by the Service Provider from time to time under the
Agreement in accordance with the terms and conditions hereof;

II. The Service Fee rate shall be as specified on the annexure No 1 herein, whereas the first loan shall
be subjected to zero percent and the Borrower is released from the service fee if its paid on the agreed
Pay Day. Unless otherwise, Borrower shall be subjected to the said service fee irrevocably upon the
conditions of the agreement;

III. The Service Provider shall have the sole discretion to vary the Service Fee rate in accordance with
applicable law without any prior notice to the Borrower;

IV. The Borrower and the Service Provider hereby irrevocably and unconditionally authorize the Lender
to collect the Service Fee from the Borrower on an exclusive basis and transfer such amount to the
account of the Service Provider, the details of which shall be provided by the Service Provider to the
Lender. The payment of the Service Fee to the Service Provider through the Lender shall be the only
payment method permitted under the Agreement, unless otherwise agreed by the Parties hereto;

V. First loan disbursements shall be exclusively and irrevocably subjected to zero percent service fee as
scheduled in the annexure herein. The Borrower shall be released from the service fee and the
Borrower shall be subjected to the rates scheduled in the annexure No 1 herein.

7. REPAYMENT/PREPAYMENT OF THE LOAN

I. The Borrower undertakes to repay to the Lender the Loan (including but not limited to principal
amount, interest (if any), fees, charges or any expenses in accordance with the Agreement) not later
than by the Pay Day;

II. The Loan together with any other applicable fees and charges shall be repaid by the Borrower
directly to bank account of the Lender, the details of which are set out below (unless other details are
communicated by the Lender, from time to time):

1). Pay direct to bank account


Account number: 001950000923
Account name: RAPIDLEND (PVT) LTD
Bank name: Cargills Bank PLC
Branch name: Head office
2). Pay via pay and go kiosk machine
3). Pay via cargills food city
4). Pay online via payeasy.lk

III. Early prepayment - Borrower can repay the loan amount anytime prior to the payday;

IV. Payments made by the Borrower shall be applied in the priority order of: (i) Penalty fee (ii) the
prolongation fee; (iii) the consulting fee; (iv) the Service fee (v) interest and ; (vi) principal amount of the
loan. Above mentioned priority order shall not be applicable to first Loan disbursements whereas
Borrowers shall be excluded from (i) the Consulting fee (ii) the Service fee if the Borrower pays the first
Loan on or before the Pay Day.

8. NOTICE TO BORROWER

I. The Borrower hereby acknowledges and agrees to be bound by and comply with the Notice to the
Borrower at all times. The Notice to the Borrower shall be an integral part of the Agreement and can be
issued by and/or through another service provider or any partner as designated by the Lender / the
Service Provider from time to time. In the event that the Notice to the Borrower contains any mistake
and/or error for whatever reasons, the Lender / the Service Provider reserves the right to re-correct,
amend such information or error by sending another Notice to the Borrower within seven (7) business
days thereafter;

II. The Borrower agrees and provide his/her irrevocable consent to receive SMS (Short Message
Service) or email messages from the Lender and the Service Provider containing information of the
Lender’s and/or the Service Provider’s promotions, related to repayment or any other information
connected with the Loan. All such messages shall be deemed as the Notice and receipt thereof shall be
deemed as duly acknowledgement of the Notice received by the Borrower.

9. RIGHTS AND OBLIGATIONS OF THE LENDER

I. The rights and obligations of the Lender are as follows:

a. To decide the Loan disbursement as per the Borrower’s request or confirmation via Notice to
Borrower;
b. To open and maintain books and records showing the Loans, repayments, prepayments, the
computation and payment of interest and other amounts due and sums paid which shall be conclusive
and binding on the Borrower as to the amount at any time due from the Borrower, in the absence of
manifest error in computation;

c. When serving the Notice to Borrower, to record any contents exchanged in such communication
between the Lender and the Borrower, which shall be lawful evidence of such communication in case
the Borrower sends any request in relation to the Agreement via phone;

d. To request the Borrower to fully pay any payable or due amount under the Agreement at any time that
the Lender may deem it necessary;

e. To request the Borrower to compensate for any damages, liabilities, claims, losses, expenses in
relation to or arising from any transactions between the Parties under the Agreement;

f. To comply with the terms and conditions provided in the Agreement.

10. RESPONSIBILITIES OF THE SERVICE PROVIDER

The Service Provider shall exercise due care, skill and diligence in discharging its obligations in terms of
the Agreement.

11. RESPONSIBILITIES AND OBLIGATIONS OF THE BORROWER

I. The rights and obligations of the Borrower are as follows:


a. To fully repay the Loan and all other obligations, including other applicable fee in full on the Pay Day
and perform its other obligations in terms of the Agreement in a timely manner;

b. To undertake irrevocably to agree with any amendments, changes to terms and conditions made by
the Lender;

c. To undertake irrevocably and unconditionally to be liable, compensate and ensure to keep the Lender
indemnified against any liabilities, compensation, claims, damages, losses, expenses in relation to or
arising from any transactions between the Parties under the Agreement.

12. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE BORROWER

I. The Borrower represents and warrants to the Lender that:

a. the Borrower has fulfilled the minimum criteria as specified in Clause 3 of the Agreement;

b. the Borrower’s data and all other information provided to the Service Provider and/or the Platform are
complete and true data and information of the Borrower and not misleading in any respect;

c. the Borrower shall be legally liable for every fraud, forgery, and the unauthorized use of, the
Borrower’s data provided by or on behalf of the Borrower to the Service Provider or the Platform;

d. the Borrower has obtained all approvals, if any, from regulatory authorities or otherwise required to be
obtained for the purpose of execution and performance of the Agreement and enters into the Agreement
in good faith, without any intention of violating the applicable rules and regulations including but not
limited to money laundering, tax avoidance and anti-terrorism regulations;

e. the Borrower is entering into the Agreement for and on his or her own behalf, freely and of his or her
own accord without any duress or intimidation from any party and with full knowledge and
understanding of its contents and consequences;

f. the electronic signature of the Borrower to the Agreement is valid and the Agreement constitutes the
valid, legal and binding obligations of the Borrower, enforceable against him/her in accordance with
applicable law;

g. the Borrower is not required to withhold any tax or other amount from any payment of the Loan,
whether for principal, interest or any other amount; and

h. the proceeds of the Loan shall be used solely for personal use and not for any commercial or
business purpose.

II. The Borrower hereby undertakes to the Lender that:

a. The Borrower shall comply in all respect with all applicable laws in connection with the performance
of the Borrower’s obligations under the Agreement, and other relevant documents;

b. The Borrower shall be liable for any request, notice, confirmation made by the Borrower via phone
and acknowledges and undertakes that such request, notice, confirmation shall create the lawful
liabilities and be binding the Borrower under the Agreement; and

c. The Borrower undertakes to immediately inform to the Lender upon any change to the Borrower’s
information (including but not limited to any information related to Registered Phone number, residence
address and any other information may impact to the Borrower’s repayment capacity).

13. EVENT OF DEFAULT

I. Each of the events or circumstances set out in the following sub-clauses is an Event of Default:

a. The Borrower does not comply with any provision of the Agreement, and/or any relevant documents,
including any failure to pay when due any principal, interest, fee or any other amount payable pursuant
to the Agreement, and or any relevant documents and/or agreements;

b. The Borrower breaches any of his obligations and/or the representations and warranties as set out
herein.

c. Borrower’s breach of any obligations towards any third party providing the services in relation to
granting the Loans under the Agreement shall be deemed as the Borrower’s breach of the Agreement;

d. Any representation or statement made or deemed to be made by the Borrower in the Agreement,
and/or any relevant documents is incorrect or misleading in any material respect when made or deemed
to be made;

e. In the event of death or incapacitation of the Borrower; or

f. Any event or series of events occurs which, in the opinion of the Lender, is likely to have a material
adverse effect on the Borrower’s financial conditions.

II. On and at any time after the occurrence of an Event of Default which is continuing the Lender is
entitled to:

a. Declare all or part of the outstanding under the Loan, together with all other amounts accrued or
outstanding under the Agreement, to be immediately due and payable;

b. Terminate all obligations of the Lender or the Service Provider under the Agreement, and other
relevant documents; and

c. Exercise all of its rights and remedies under the Agreement, and other relevant documents.

14. INDEMNITY
I. The Borrower agrees to indemnify and hold the Lender and / or the Service Provider harmless from
and against all losses, claims, damages, liabilities, costs or expenses including, but not limited to,

a. The occurrence of any Event of Default;

b. The information produced or confirmed by the Borrower being or is alleged not being misleading
and/or deceptive in any respect;

c. Any enquiry, investigation or similar order or litigation with respect to the Borrower or with respect to
the transactions contemplated or financed under the Agreement, and other relevant documents;

d. The Borrower’s due debts under the Agreement (or any part thereof) not being prepaid in accordance
with a notice of prepayment given by the Borrower those resulting from any threatened or pending
investigation, action, proceeding or dispute (except where such loss, claim, damage, liability, cost or
expense arose out of an act of gross negligence or gross breach of duty by the Lender and / or the
Service Provider, whether or not the Lender and / or the Service Provider is a party to such
investigation, action, proceeding or dispute, arising out of the Lender and / or the Service Provider
entering into or performing services under the Agreement, or arising out of any matter referred to in the
Agreement.

II. The provisions of this paragraph shall survive the termination and expiration of the Agreement.

15. GOVERNING LAW AND DISPUTE RESOLUTION

The Parties shall make every effort to resolve amicably by direct informal negotiation any disagreement
or dispute arising between them under or in connection with the Agreement;

I. All disputes arising from or in relation to the Agreement or breaches of the contract, termination,
invalidity shall be firstly resolved by mutual consultation and in the event the parties could not come to a
settlement, parties may seek the jurisdiction of a competent court of Sri Lanka;

II. This Agreement shall be governed and interpreted in accordance with the laws of Sri Lanka and shall
be subject to the jurisdiction of District Courts of the Sri Lankan under civil Law and criminal courts of
Sri Lanka under Criminal law.

16. MISCELLANEOUS PROVISIONS

I. The Borrower understands and acknowledges that the insertion of the Verification Code set out below
shall be the electronic signature of the Borrower and that he shall be bound by the terms and conditions
set out in the Agreement upon such signature being placed;

II. The Borrower hereby expressly agrees and permits the Lender and / or the Service Provider to
transfer and disclose to any third party any information relating to the Borrower’s affairs or account in
respect of the Agreement, and at any time and to such extent as the Lender and / or the Service
Provider may at its absolute discretion deem expedient or necessary. The Borrower hereby agrees that
the aforesaid information may be used, encrypted, transmitted and stored by the Lender and / or the
Service Provider and its holding company, head office, other branches, subsidiaries, related companies
(whether within or outside Sri Lanka) and/or may be exchanged to or with all such persons as the
Lender and / or the Service Provider considers necessary to the extent as permitted by law;

III. The Borrower shall be responsible for VAT or any other taxes, duties, levies or charges imposed on
the Services provided to Borrower or on any fees payable by the Borrower to the Lender and / or the
Service Provider hereunder;

IV. The Borrower expressly consents to such actions and declares that no further consent from the
Borrower is necessary or required in relation thereto;

V. Any Notice to Borrower or such other notices sent by the Lender and / or the Service Provider or third
party as appointed by the Lender and / or the Service Provider in relation to the Agreement shall be
treated as having been given and received when sent by SMS message to the Registered Phone and
no failure notice is received by the Lender and / or the Service Provider;

VI. Establishment and/or performance of the Lender and / or the Service Provider’s communication
means under the Agreement may be conducted by and/or through service providers, partners as
appointed by the Lender and / or the Service Provider from time to time and which shall be legally
binding on the Parties;

VII. The Agreement shall be in force and effect until the Borrower has fully repaid his/her obligations
towards the Lender and / or the Service Provider under the Agreement. Provided however, the Lender
and / or the Service Provider may, at its sole discretion, waive the unpaid due amount if such unpaid
due amount does not exceed Rs. 250/-. Notwithstanding that, the Lender and / or the Service Provider
has power to amend, supplement and/or unilaterally terminate the Agreement at any time by serving a
prior notice to the Borrower within a reasonable period;

VIII. No one other than a Party to the Agreement, their successors and permitted assignees, shall have
any right to enforce any of its terms;

IX. No failure or delay by the Lender and / or the Service Provider to exercise any right or remedy
provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy,
nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or
remedy;

X. If any provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is
not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a
provision under this clause shall not affect the validity and enforceability of the rest of the Agreement. If
one Party gives notice to the other of the possibility that any provision of the Agreement is invalid, illegal
or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as
amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended
commercial result of the original provision;

XI. This Agreement, including key details of this agreement enlisted in second page of this Agreement
and its annexure No. 1, all of which are integral parts this Agreement, sets forth the entire
understanding of the parties relating to the subject matter here of and supersedes and cancels any prior
communications, understandings, and agreements between the parties. This Agreement cannot be
modified or changed, nor can any of its provisions be waived, except by written agreement signed by
the two parties hereto;

XII. This Agreement may be executed in any number of counterparts. Each counterpart is an original,
but the counterparts together are one of the same Agreement. Where, for reasons of time and/or
distance, one party is unable to deliver an original counterpart to the other Party, the Parties agree that
a copy of the original executed counterpart sent by facsimile machine instead of the original counterpart
is sufficient evidence of the execution of the original and may be produced in evidence for all purposes
in place of the original;

XIII. Notwithstanding any other provisions in the Agreement, the indemnities contained in the Agreement
shall survive the signing hereof;

XIV. The contents of the Agreement are contained in an electronic format and shall have full validity and
effect notwithstanding the fact that it may not been printed, and the electronic signatures of the parties
shall be deemed to be hands or common seals of the respective parties;

XV. The Borrower hereby authorises the Service Provider to: (i) sign assignment agreements between
the Borrower and other Borrowers or investors, (ii) execute, sign, perform and amend any and all
letters, notices, agreements, amendments and other documents with the Borrowers or investors and
other third parties (including, inter alia, collection services and agency agreements) required and
necessary to perform actions specified above, and (iii) carry out any other actions necessary to fulfil this
mandate.
The Parties agree and intending to be legally bound and the Parties have duly executed this Agreement
as of the date first written above at Colombo.

Fedor Neznamov Fedor Neznamov

________________________________ ___________________________________

4588
Verification
Code Signature Code Signature Code

BORROWER LENDER SERVICE PROVIDER

ANNEXURE NO 1 TO THE LOAN AGREEMENT

Loan disbursement by the Lender shall be subjected to the following fee/s as explained and scheduled
herein under. The fee rate shall be determined as per the loan tenure of each loan. The types of the
loans are explained herewith. The respective charges for this Agreement are calculated and mentioned
in the second page of this Agreement.

I. First Loan for Free - The Lender may facilitate the first loan for free whereas the Borrower shall be
released from other payable fees with a condition that the respective loan is repaid by Pay Day. In the
event the Borrower defaults the payment of the loan amount on the Pay Day, the Borrower shall be
bound to pay all stated fees, including but not limited to Penalty Fee

II. Periodic Loan – The Borrower shall be subjected to repay the Loan together with the principal
amount and other fee/s accrued from appropriate rates with respect to the agreed loan tenure,
subjected to the terms and conditions as stated in the Agreement.

III. Repeat Loan with Discount – The Lender may offer a loan with a discount at its discretion and the
Borrower shall be subjected to the terms and conditions stated in the Agreement. Whereas, the
Borrower shall be subjected to repay the loan together with appropriate fees accumulated according to
the loan tenure and fee rate.

Consulting Fee - whereas its specified in the text of the Agreement, Consulting fee shall constitute to
be a fee payable by the Borrower to the Lender for the processing of the loan. The Consulting Fee is
calculated based on a certain rate and resulted in the amount of one-off fee for the relevant Loan
amount and relevant Loan tenor as scheduled in the table below.

THIS LOAN AGREEMENT

Loan tenure, Days

7 14 21 28

First Loan for free [ FLFF] 0% 0% 0% 0%

Periodic Loan [PDL] 0.0375% 0.0625% 0.875% 0.1125%

Repeat loan with discount 0.03% 0.05% 0.07% 0.09%

Service Fee – whereas its specified in the text of the Agreement and as its further explicated in the
clause 6 of the agreement, the service fee shall constitute to be a fee payable by Borrower to the
Service Provider, is calculated based on a certain rate and resulted in the amount of one-off fee for the
relevant Loan amount and relevant Loan tenor as scheduled in the table below.

Loan tenure, Days

7 14 21 28

First Loan for free [ FLFF] 0% 0% 0% 0%

Periodic Loan [PDL] 0.1125% 0.1875% 0.2625% 0.3375%

Repeat loan with discount 0.09% 0.15% 0.21% 0.27%

Penalty Fee – In case the Loan is not repaid by the Pay Day, the Borrower shall be required to pay
penalty fee on the outstanding debt of the Loan on the 3rd, 11th, 21st and 31st day from the Pay Day.
Penalty fee is equal to 15% per cent from the due Loan amount, calculated and applied in all instances
when a due payment is not paid until the Pay Day.

You might also like