The Electronic Payment Agreement serves as a crucial legal framework for businesses operating in India's rapidly growing digital payments ecosystem. This agreement is essential when establishing a formal relationship between payment service providers and businesses requiring electronic payment processing capabilities. It covers all aspects of the payment processing relationship, including technical integration, security protocols, compliance requirements, and commercial terms. The document ensures compliance with Indian regulatory requirements, particularly those established by the Reserve Bank of India (RBI), the Payment and Settlement Systems Act, and the Information Technology Act. It addresses modern payment processing needs while incorporating specific Indian legal and regulatory requirements, making it suitable for both domestic and international companies operating in the Indian market.
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1. Parties: Identification of the payment service provider and the merchant/client
2. Background: Context of the agreement and brief description of the electronic payment services to be provided
3. Definitions: Definitions of key terms used throughout the agreement including technical terms related to payment processing
4. Scope of Services: Detailed description of electronic payment services, supported payment methods, and processing terms
5. Service Provider Obligations: Key responsibilities of the payment service provider including processing, security, and support
6. Client Obligations: Merchant/client responsibilities including compliance with security requirements and proper use of the service
7. Fees and Payment Terms: Fee structure, payment processing charges, settlement timeframes, and payment methods
8. Security Requirements: Security protocols, data protection measures, and compliance with IT security standards
9. Compliance: Regulatory compliance requirements including KYC, anti-money laundering, and RBI guidelines
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Standard warranties and representations from both parties
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
14. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures
1. Integration Services: Details of technical integration services if the provider offers API or software integration
2. International Payments: Additional terms for cross-border payment processing if applicable
3. Merchant Onboarding: Specific terms for merchant registration and verification if dealing with multiple merchants
4. Service Level Agreement: Detailed service levels and performance metrics if specific performance standards are required
5. Business Continuity: Disaster recovery and business continuity provisions for critical payment services
6. White Label Services: Terms for white-labeling the payment services if applicable
7. Marketing and Branding: Terms regarding use of trademarks and marketing materials if co-branding is involved
1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule B - Technical Specifications: Technical requirements, API documentation, and integration specifications
3. Schedule C - Service Level Parameters: Detailed service level metrics, response times, and performance standards
4. Schedule D - Security Protocol: Detailed security requirements, encryption standards, and certification requirements
5. Schedule E - Supported Payment Methods: List of supported payment methods and associated terms
6. Appendix 1 - Compliance Checklist: Checklist of regulatory compliance requirements and certifications
7. Appendix 2 - Incident Response Plan: Procedures for handling security incidents and data breaches
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