DOL Money Officer Program Terms

(Digital OTP based consent as signature)

THIS AGREEMENT is made and executed at Pune Maharashtra on this ________day of _________, 2024.

BY AND BETWEEN Exuberant Systems Pvt Ltd., a Private Limited Company registered at Pune ROC and having its Registered Office at 7th Floor, Mayfair Tower, Tower- 2, Old Mumbai-Pune Highway, Wakdewadi, Shivajinagar, Pune 411005 (hereinafter referred to as “Exuberant Systems Pvt Ltd.” which expression shall where the context admits include its successors, assigns and attorneys) of the One Part
AND
DOL Money Officer (Contract Based) Name Mr/Ms.________________________Residing at ________________ (Location) Aged ________ years (hereinafter referred to as the “DOL Money Officer” which expression shall include its successors, assigns and attorneys of the Other Part,

WHEREAS:
EXUBERANT SYSTEMS PVT. LTD and its brand “DOL Money” earlier it was known as “Dealsofloan” (Now Referred as “ESPL”) is a Fintech company engaged in financial consulting and providing various financial services to its customers in India and marketing associate/ Partner of multiple financial institutions for Sourcing of their various products and allied services.

AND for the purposes of its business activities, ESPL requires certain vital and confidential information about the credit worthiness of its prospective customers and relevant details about their net worth, business interests, assets, etc. and for the said purpose ESPL is desirous of appointing a

DOL Money Officer (Non- Employment/Contract/Commission based)

to provide the necessary required information to ESPL

ESPL is engaged in business interalia providing various financial services to its customers in India.

Note

• DOL Money (Dealsofloan) is the brand name of Exuberant Systems Private Limited,
• Exuberant Systems Private Limited will be referred as “ESPL”

Terms and Conditions

These “Terms and Conditions for “DOL Money Officer” (hereinafter referred to as “You”) Program (“Terms”) govern the access or use of DOL Money/Dealsofloan Dashboard/CRM. “DOL Money Dashboard” (hereinafter referred to as “CRM”) made available by Exuberant Systems Private Limited (“ESPL”) having its registered office at MayFair Tower, Tower 2, 5th & 7th Floor, Wakdewadi, Shivaji Nagar, Pune.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE DOL Money CRM

1. General Terms:

1. ESPL is a Fintech company engaged in the business of verious Financial Services facilitations engaged in the business of providing digital loans/ Payment QR & Investment & other digital services solutions through its DOL CRM and DOL CRM to its users and/merchants. ESPL offers a wide variety of products such as QR code, Loans, ONDC, Sound Box, BBPS, AEPS, Ticket Booking etc to its users and/or merchants (“Product”).
2. In order to make its Product available to the end user/merchants, ESPL wishes to engage you (also referred as “DOL Money Officer”), an Individual, through the DOL CRM, on independent contractor basis for performing and completion of the Tasks (“Services”) on the Terms contained herein.
3. Your access and use of the DOL CRM and providing Services constitute your voluntarily and explicit consent to be Terms contained herein, which establishes a contractual relationship between you and ESPL. If you do not agree to these Terms, you shall cease to access and/or use the DOL CRM and/or provide any Services to ESPL through the DOL CRM. The Terms contained herein supersede any prior agreement with you. Each time you access/use the DOL CRM and/or provide Services to ESPL, you signify your acceptance of the Terms contained herein
4. For the purpose of the Terms, you shall mean any natural person who is accessing or using the DOL CRM and providing Services to ESPL. The term “your” shall be construed accordingly.

2. Account Creation

1. You undertake that you are legally competent to enter into contract and at least 18 years of age to create an Account on the CRM.
2. In order to access or use the DOL CRM and provide Services to ESPL, you are required to register and create an account (“Account”) on the DOL CRM. The Account registration requires you to submit to ESPL certain personal documents and personal information such as your name, address, mobile phone, age, valid government approved address and identity proof documents etc. You expressly and voluntarily agree to submission of the aforesaid documents for using/accessing the DOL CRM and providing the Services to ESPL.
3. You agree to maintain accurate, complete, and up-to-date, the documents and information in your Account at all times and you acknowledge that failure to do so shall result in your access or use of the DOL CRM and may also lead to suspension/termination of your Services without notice to you.
4. ESPL further reserves the right to undertake a background verification (i) prior to registering you on the DOL CRM; and/or (ii) time to time thereafter.
5. You undertake no person other than yourself shall have the right to access your Account. You agree and acknowledge that you will not allow any other persons to access or use your Account for providing Services to ESPL.
6. You agree and acknowledge that you shall not share your login credentials for accessing or using the DOL CRM with any other person. If it is reasonably suspected by ESPL that you have shared your login credential with any other persons and/or any other person is providing the Services on your behalf, your access to the Account may be suspended/terminated by ESPL, at its sole discretion.
7. You will only create one Account on the DOL CRM. If it is found that you have created multiple accounts on the DOL CRM(through different mobile numbers or by any other means), ESPL reserves its right to restrict access or use the DOL CRM and/or suspend / terminate the Account, without any further notice.
8. You agree that by creating an Account on the DOL CRM, ESPL may send you text SMS/WhatsApp/SMS/push notifications or make phone calls with respect to the various activities/events/transactions/schemes or for such other purposes as may be required for in the ordinary course of usage of the DOL CRM.

3. Service Obligations

1. ESPL will, from time to time, display various activities/milestones (“Tasks”) through the DOL CRM. You may choose to undertake and complete the Task and provide the Services to ESPL. If you choose to provide the Services by undertaking and completing the Tasks, you will be required to complete such Tasks within the timeframe and/or specification displayed on the DOL CRM. The Tasks will be considered completed only when all the conditions as specified on the DOL CRM for completion of a Task are fully complied by you.
2. You will not seek and ESPL will not provide any supervision, directions or control for providing the Services by undertaking and completion of the Task. However, ESPL shall have the right to review the Services provided by you and determine whether the Tasks are performed within the timeline and/or as per specifications displayed on the DOL CRM.
3. You agree and undertake that you shall not sign any contract, agreement or enter into any relationship with any person on behalf of ESPL for any purposes, whatsoever.
4. You agree that you will not do anything by action, conduct, statement or association that might damage the goodwill associated with ESPL or its brand name or trademark.
5. You agree to comply with all applicable laws when accessing or using the DOL CRM and/or providing the Services by undertaking and completing the Tasks.
6. You agree that you are responsible for acquiring/purchasing/updating a compatible device (such as mobile, tablet etc.) and/or data network access necessary to use or access the DOL CRM (or any update to the CRM) and/or provide the Services by undertaking and completing the Tasks. Depending upon your mobile network, data and messaging rate and fees may apply if you use or access the DOL CRM and you shall be responsible for bearing such rates and fees. ESPL does not guarantee that the DOL CRM or any portion thereof, will function on any particular devices. Further, the use or access to the DOL CRM may be subject to malfunctions and delays inherent in the use of internet and electronic communications.
7. Non Employment Status: The Officer engaged in contractual work with ESPL "DOL Money" (hereinafter referred to as the Company) acknowledges and agrees that their engagement is strictly on a contractual basis and does not constitute employment with the Company.
8. Use of Official Identity Card: The Company shall provide the Officer with an official Identity card (with Non-Employment status) solely for the purpose of performing duties outlined in the contract. This Identity card remains the property of the Company at all times and shall be used exclusively for official purposes during the term of the contract.
9. Return of Identity Card: Upon the termination or expiration of the contract, you agree to promptly return the provided Identity card to the Company. Failure to do so may result in legal action against the Officer to recover the card and any associated costs.
10. Legal Responsibility and Misuse: You understand and agree that any misuse or unauthorised use of the Identity card, including but not limited to using it after the termination of the contract or using it for personal gain, shall constitute a breach of contract and may result in legal action being taken against you.
11. Sole Responsibility: You acknowledge that you are solely responsible for the safekeeping and appropriate use of the Identity card during the term of the contract. You shall not lend, transfer, or allow any unauthorised person to use the Identity card under any circumstances.
12. Binding with Indemnity: You agree to indemnify and hold the Company harmless against any claims, damages, losses, or liabilities arising from the breach of these terms regarding the use or return of the Identity card.
13. Legal Action: In the event of a breach of these terms, the Company reserves the right to take legal action against the Officer to enforce compliance and seek damages for any losses incurred as a result of the breach.
14. Appointment and Mapping:
    1. You shall be mapped under the DOL Money Franchise Partner available in your location for the purpose of daily work management.
    2. You shall diligently perform the work assigned to you by ESPL and the Franchise Partner.
    3. Your responsibilities include but are not limited to daily operational tasks, reporting, and adherence to company policies and procedures.
    4. The Franchise Partner shall provide support regarding marketing collateral, promotional activities, and other necessary resources.
    5. Any issues or concerns regarding your work shall be communicated promptly to the Franchise Partner for resolution.
    6. The Franchise Partner shall provide necessary marketing support, including but not limited to advertising materials, branding resources, and promotional strategies.
    7. You shall cooperate with the Franchise Partner in implementing marketing initiatives and campaigns as directed.

4. Rate Cards & Payout Fees

1. For every successful completion of the Task, you shall be entitled to receive the fees as specified in the rate cards (“Rate Cards”) available on the DOL CRM. ESPL has the sole discretion to alter/modify the Rate Cards/ Payout Slabs depending upon various parameters such as geography, task type, city, Products etc. ESPL shall have the sole discretion to determine the Task and/or Rate Cards available on the DOL CRM.
2. You agree that all the fees specified in the Rate Cards shall be inclusive of the applicable taxes (if any) where required by law.
3. The fees earned by you for successful completion of Tasks displayed on the DOL CRM shall be paid directly into your bank account registered with ESPL on the DOL CRM. The fees shall be deposited in your bank account at such intervals as may be made available on the CRM. ESPL, shall have the sole discretion, to determine the frequency of payment of fees earned by you into your bank account.
4. You agree that ESPL shall deduct tax at source (if applicable) or any other tax as may be required under the applicable law.
5. You agree that you will be responsible for complying with your tax liabilities and/or any other applicable law.
6. In the event of any breach of these Terms, ESPL reserves its right to withhold or adjust the fees payable to you for providing the Services by undertaking and completing the Tasks.

5. Intellectual Property Rights

1. Subject to your compliance with these Terms, ESPL grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the DOL CRM on your personal device solely for undertaking and completion of the Task and perform the Services; and (ii) access and use any Content for purpose of performance of the Services in accordance with these Terms.
2. ESPL, in its sole discretion, may make available textual, audio and/or visual content, product brochures, training material, marketing & advertising material (“Content”) to you through the DOL CRM or otherwise for facilitating you in performance & completion of the Tasks and thus perform the Services. ESPL shall be the exclusive owner of all the intellectual property rights in such Content.
3. You agree to use or access the DOL CRM and/or the Content in the manner specified by ESPL and strictly for the performance of the Services. You agree that you are not authorized to copy, modify, distribute sublicense and/or otherwise exploit in any manner the DOL CRM or the Content made available to you on the DOL CRM or otherwise.
4. You agree that neither these Terms nor use of the DOL CRM or performance of Services by you by undertaking and completing the Task, conveys or grants to you any rights: (a) in or related to the DOL CRM or the Content except for the limited usage granted herein in the Terms; (b) to use or reference in any manner ESPL’s company names, logos, products, trademarks except for limited usage permitted herein in the Terms.

6. Indemnification

1. You agree to indemnify and hold ESPL and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) or any other loss that may occur, arising from or relating to: (i) your use or access of the DOL CRM or providing Services; (ii) your breach or violation of any of these Terms. This clause shall survive termination of these Terms.

7. Termination

1. ESPL may restrict you from accessing or using the DOL CRM (in part of whole) and/or terminate these Terms with respect to you, immediately without notice, under the following circumstances:
   1. If you breach the Terms contained herein;
   2. If you have or are reasonably suspected for committing fraud and/or falsifying and/or tampering and/or forging records and/or furnishing false records/information to ESPL with respect to performance of the Services, herein;
   3. You do not qualify under the applicable and/or ESPL policies to access or use the DOL CRM and/or provide the Services, herein.
2. Either Party may terminate these Terms by giving 7 days’ notice to ESPL.
3. In the event of termination, you shall immediately stop using the DOL CRM and/or carrying out any Services under these Terms.

8. Miscellaneous

1. Notice: ESPL may give notice in writing on the contact details (such as email, mobile number and/or address) provided at the time of registration of Account (or such updated details available) on the CRM. You may give notice to ESPL by written communication to its registered address.
2. Relationship between You and ESPL: You acknowledge that there is no contract of employment between yourself and ESPL and that you will provide the Services as an independent contractor. The relationship between you and ESPL is non- exclusive and both parties are free to enter into any such similar arrangements with any other third party as they deem fit. Further, no agency, partnership or joint venture is created as a result of acceptance of these Terms and/or use /access of the DOL CRM and/or you providing Services under these Terms.
3. Amendment: ESPL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time. ESPL will upload the amended Terms on the DOL CRM and it is your responsibility to review the Terms for any changes. If you continue to use or access the CRM, following the date of amendment or effective date for amendments, you agree to assent to accept the revised Terms.
4. Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of these Terms.
5. Governing Law: These Terms and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Indian Substantive and Procedural Law as applicable.
6. Jurisdiction: All disputes between the parties shall be subject to exclusive jurisdiction of the courts at Pune only.
7. Electronic Acceptance: You will be required to give acceptance to these Terms electronically through OTP and/or click wrap or such other mode as may be permissible over the CRM. Upon accepting these Terms electronically, you shall be bound by the terms and conditions contained herein.

Other Terms and Conditions

• Product wise turn-around time (TAT) depends on respective banks/Partner that varies from 48 hours to multiple days.
• ESPL/DOLMoney/Dealsofloan does not have any control on loan approval\sanction process and it is at sole discretion of related bank/Lender.
• Acceptance or rejection of bank offer is sole prerogative of end user (customer)
• Only after end user consent, the respective service is delivered by related bank
• Bank\banks term is interchangeably used to mean bank or NBFC as may be applicable
• Credit Score\report is currently provided in collaboration of Equifax/CIBIL/CRIF
• For credit report, user consent is must and report will only be generated if end users mobile number matches with CIBIL/CRIF records
• In case of some banks, post sanction of loan, physical signing of loan agreement is required as part of the fulfilment process. This step will be required to be completed by the concerned retailer or who has generated the loan application
• You shall create a backend support team for managing the business of its retail network.
• All total targeted business slab for a product (total loan disbursement amount\ total issued numbers\ Account opening) are for a calendar month unless otherwise stated
• Banks may add/ hold/remove or change its APIs anytime, ESPL/DOL Money does not have control on the same.
• Serviceability of products on any location depends on available banks/NBFCs/ Partner options on the location, location wise bank/NBFCs options may reduce or increase from time to time.
• You must have an authorised Identity Card issued by DOL Money at the time of on field task work.
• You shall follow/comply with all rules & regulations as per the state & central government of India.
• You must be easily reachable during daily task working hours.
• You are required to provide daily reports to DOL's Network Relationship Manager. .
• A professional and formal dress code is mandatory at the time of on field work.
• You must comply with TRAI regulations for customer calls, and DOL Money will not be held responsible for any disputes arising from customers on the DND list.
• Annual renewal of the agreement is mandatory, and renewal is subject to your performance..
• You are responsible for executing and overseeing all marketing and branding activities on the ground.

Model CODE OF CONDUCT, ETHICS AND BUSINESS PRINCIPLES FOR DOL MONEY OFFICER OF “ESPL” The purpose of this Code is to emphasise the sense of responsibility among “DOL Money Officer” or “You” of ESPL, and among their representation and to encourage the highest level of ethical business conduct among all participants in the direct selling industry.

You as an independent sales contractor must adhere to strict Codes of Conduct in their dealings with consumers. These provisions include:

1. You shall commit themselves to the high standards of ethical conduct and standards in their dealings with consumers and shall abide by the spirit and letter of this code. “DOL Money Officer” shall conform to the principles of fair competition as generally accepted in business and law, particularly concerning:
2. You shall not engage in any deceptive, fraudulent, unlawful, illegal, or unethical practice. DSA shall ensure that no statements, promises, or testimonials are made which are likely to mislead ESPL / customers.
3. You shall truthfully identify themselves, their company, the products, and services of ESPL and the purposes of their solicitation to the prospective customer.
4. The terms of the offer of products or services by you shall be clear, so that the customer may know the exact nature of what is being offered and the commitment involved in the availing or accepting the offer and, in particular, you shall be accurate and truthful as to any representation or offer made. You shall make every effort to assist the customer to evaluate the nature of the products and services. You shall be organised and operated so as not to:
   Create confusion in the mind of the customer, or abuse the trust of the customer, or exploit the lack of experience and knowledge of the customer.
5. You shall give sufficient time for the customer to read the entire contract form thoughtfully and without harassment. Where you notice the consumer has difficulty understanding the real meaning of clauses in the contract or of any aspect of the offer or sale in general, they shall, wherever possible provide the required explanations, or allow the consumer time to obtain other assistance for proper understanding prior to the signing of the order or contract. The demonstration or explanation of the product shall, as far as possible, be responsive to the needs of the individual consumer.
6. You shall not make statements nor condone statements, by inaction or otherwise, of any of its customers that contain false, misleading, unwarranted, or exaggerated claims, either directly or by implication. For example, if a competitor’s name or product is used, it shall be used only in the context of a factual comparison and significant terms of value.
7. You shall not be intrusive and shall respect the privacy of the customers. Contact (whether personal or by telephone) with the customer shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness. A contact, demonstration or presentation shall be discontinued immediately upon the request of the customer. The right of the customer to refuse further discussion shall be scrupulously respected. You shall abide by the code of conduct for you as attached hereto.
8. You shall commit to abide by all applicable laws, rules, and regulations. Notable to you, however, is the belief that all business dealings must be carried out at a level well above the minimum required by law. Integrity and customer satisfaction shall be the two most valued objectives for you.
9. You shall not do anything or refrain from doing something that would be detrimental to or against the interest of ESPL
10. A prospect (a prospective customer) is to be contacted for sourcing a Bank related product only under the following circumstances:
11. When the prospect’s name/telephone no/address is available & has been taken from one of the lists/directories/databases must be authorised source, after taking his/her consent.
12. You should not call a person whose name/ number is flagged in any “do not disturb” list made available to him/her.
13. You should respect a prospect’s privacy. The Prospect’s interest may normally be discussed only with the prospect and any other individual/family member such as prospect’s accountant/secretary/spouse, authorized by the prospect.
14. You must not accept gifts from prospects or bribes of any kind. If you are offered a bribe or payment of any kind by the customer then you must report it to his/her management and ESPL