Draft for legal review. These are structured starting terms, not legal advice, and they are not enforceable simply because they are written down. A lawyer must review and complete them before you publish, and the commercial terms must match your actual merchant agreement and your partners' requirements.
1. Accepting these terms
These terms are an agreement between you and Idhipay Private Limited. By creating an IDHIPAY account, using our app, our devices or our payment services, you accept them. If you are accepting on behalf of a business, you confirm you are authorised to do so.
Additional terms may apply to specific services, such as loans or card acceptance, and those apply alongside these. [List the additional agreements, for example the merchant agreement and device rental terms.]
2. Who can use IDHIPAY
You must be at least 18, running a lawful business in India, and able to enter into a contract. We may decline or end service at our discretion where we are required to, or where our partners require it.
3. Your account and KYC
- You must give accurate information about yourself and your business and keep it up to date.
- We must verify you before you can accept payments, and we may ask for more information at any time to meet KYC and anti-money-laundering requirements.
- You are responsible for your login details and for everything done through your account.
- Collections are settled only to a bank account you have verified. Changing it requires fresh verification.
4. Your responsibilities
- Sell only what your business is permitted to sell, and describe it accurately to your customers.
- Do not use IDHIPAY to collect money for anyone else, or to process payments that are not for your own business.
- Deal with your customers' complaints about the goods or services you sold them.
- Keep your own records and meet your own tax obligations.
- Tell us promptly about suspected fraud or unauthorised use of your account.
5. Businesses we cannot serve
You may not use IDHIPAY for anything unlawful, or for the categories restricted by our partners and by regulation. [Insert the prohibited and restricted business list required by your payment aggregator and sponsor bank. This list is usually contractual and must match theirs exactly.]
6. Devices
Where we supply a speaker, a card machine or a QR standee: [state whether devices are sold, rented or provided on deposit, who owns them, what the warranty is, what happens if one is lost or damaged, and what must be returned when the account closes.]
7. Fees and settlement
[Set out your pricing: transaction fees by payment method, device charges, any subscription, and taxes. State the settlement cycle, the cut-off times, and when settlement may be delayed or withheld — for example during a fraud review or a regulatory hold.]
We will tell you before fees change, giving [notice period] notice.
8. Refunds and chargebacks
[Explain how a merchant issues a refund, who bears the cost, how chargebacks and disputes are handled, what evidence you will ask for, and how disputed amounts may be recovered from future settlements.]
9. Loans
Loans are offered through our lending partners, Easebuzz and Federal Bank, not by IDHIPAY. Any offer, its interest rate, charges and repayment terms are set by the lender and are subject to their approval and their own agreement with you. We may share your transaction history with a lending partner where you ask us to or agree to it.
[Confirm the exact role of each partner — who is the lender of record and who is the service provider — and reflect the disclosures required under the RBI digital lending guidelines.]
10. Service availability
We work to keep the service running but we do not promise it will be uninterrupted. Payments depend on banks, UPI, card networks and telecom connectivity that are outside our control, and we are not responsible for failures caused by them. We may suspend the service for maintenance, and will give notice where we reasonably can.
11. Our intellectual property
The IDHIPAY name, logo, software, devices, designs and content belong to us or our licensors. You may use them only as needed to use the service, and you may not copy, modify or reverse engineer them. You may display material we give you for accepting payments, such as QR standees and stickers, in your place of business.
12. Our liability
[This clause must be drafted by a lawyer. Typical position: nothing excludes liability that cannot be excluded by law; we are not liable for indirect or consequential loss or for loss of profits; total liability is capped at a stated amount, often the fees paid over a recent period. Make sure any cap is lawful and commercially sensible.]
13. Indemnity
You agree to cover us for claims, losses and costs arising from your breach of these terms, from your business or the goods and services you sell, or from your misuse of the service. [Confirm scope with your lawyer.]
14. Suspension and closing your account
We may suspend or limit your account, or hold settlement, where we reasonably suspect fraud or unlawful activity, where we are required to by a regulator, a bank or a partner, or where you break these terms. We will tell you where we are permitted to.
You may close your account at any time by contacting support. Amounts properly due to you will be settled once any outstanding obligations, disputes and holds are resolved, and any devices must be returned as set out above.
15. Changes to these terms
We may change these terms. We will publish the updated version here and change the date at the top. Where a change materially affects you, we will give [notice period] notice. Continuing to use the service after that means you accept the change.
16. Governing law and disputes
These terms are governed by the laws of India. [State the courts that have jurisdiction — commonly the city of your registered office — and whether disputes go to arbitration, and if so under what rules, seat and language.]
Before starting any formal proceedings, please raise the matter through our grievance redressal process.
17. Contact
Idhipay Private Limited, PS Abacus, Unit No. 421, Plot No. IIE/23, New Town, North 24 Parganas, West Bengal – 700161, India.
Phone +91 91810 88577 · Email support@idhipay.com