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  • Phone:

    +91-9718185789

  • Email:

    info@xpertserve.in

  • Location:

    Office No : 205, Workbox Building, Railway Road, Nit 5, Near Capital Hyundia Showroom, Faridabad Haryana 121001

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vector Terms & Conditions

Welcome to Xpertserve! Please read these terms of use (“Terms of Use”) to learn about the terms and conditions that govern your usage of the mobile application named Xpertserve (“App”) and all the services available for use via the App (collectively, “Services”). The App will be known as the “Platform”. The Platform is owned and operated by Xpertserve Enterprises Private Limited, a company incorporated under the Companies Act, 2013, having its registered Office No : 205, Workbox Building, Railway Road, Nit 5, Near Capital Hyundia Showroom, Faridabad Haryana 121001.(“Xpertserve”, “us”, “we”, “our”).These Terms of Use are a binding contract between Xpertserve and users of the Platform, (“user”, “you”, “your”, “yours”). If you do not agree to all the terms and conditions contained hereinafter in these Terms of Use, please do not access or use the Platform or Services. By completing the registration process on the Platform, accessing the Services, or otherwise using any material from the Platform, you expressly acknowledge that you have read, understand and agree to be bound by the terms and conditions contained in these Terms of Use. Since these Terms of Use constitute a legal contract between You and Xpertserve, it is imperative that you review these Terms of Use carefully and in their entirety. These Terms of Use are not intended in any way to alter or limit the terms and conditions of any other contractual arrangement you may have with Xpertserve, including without limitation the Privacy Policy, which is expressly incorporated within these Terms of Use. If you are using the Platform on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept the terms contained in these Terms of Use on behalf of such individual or entity. Xpertserve reserves the right, in its sole and absolute discretion, to modify, change, replace or discontinue any of the terms contained in these Terms of Use at any point of time, including payments and fees. If Xpertserve modifies, changes, replaces or discontinues any of the terms in these Terms of Use, we shall give you prior notice of the same by placing a notice on the Platform, by sending you an email, via widget on the App, through sms or by other available means. You agree to periodically review the current version of these Terms of Use as posted on the Platform. Further, you understand that your continued use of the Platform and Services after being intimated of such modification, change or replacement constitutes your express consent to such modification or change. If you don’t agree with such modified Terms of Use, you are free to reject them. However, you shall no longer be able to use the Services in such an event. Please note that in case you avail of a free trial of any Services on the Platform (if available), these Terms of Use shall govern that free trial in the same manner. Services (and any features within the Services) may vary for different regions. Xpertserve makes no representation that a particular part, feature or function within the Services will be available to all users or available in all jurisdictions. Xpertserve may, at its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different users. If you have installed our App on your device, you agree that Xpertserve may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission. Any and all such changes or modifications shall be compliant with provisions of applicable law and the provisions of our Privacy Policy. If you have any questions or concerns pertaining to these Terms of Use, please feel free to contact us at xpertserveservices@gmail.com

Account and Registration

If you wish to avail any of our Services, you will need to register with the Platform and select a user ID (“User ID”) and password as a precondition to using any of the Services. You cannot avail our Services without registration on the Platform. While registering with us, you will be redirected to a registration page wherein you will be required to provide certain information. [This information includes but not limited to your name, email address, mobile number, telephone number, company name, company address and the nature of legal assistance you wish to obtain.] Upon completing our registration process successfully, you will receive a confirmation email on your registered email account. You understand that your registration is subject to verification of your bona fides at our back end. Xpertserve reserves the right to reject your registration with us without assigning any reason whatsoever. By creating an account with us, you agree that Xpertserve, and our designees and registered professionals, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services. You shall provide Xpertserve with complete, accurate and updated information pertaining to your User ID. You acknowledge that failure to do so on your part may constitute breach of these Terms of Use, which may result in immediate termination of the relevant User ID. Specifically, please note that Xpertserve takes strict exception to any attempts made by you to impersonate another person or entity or to provide us with information that is false or does not belong to you. Any such attempts, when detected shall result in immediate termination of the relevant User ID. Upon termination under this clause, Xpertserve shall have no further obligations to you under these Terms of Use. In addition to the information provided by you at the time of registration, we may require additional information or clarifications from you in order to optimally provide you with the Services. You agree to provide any such information that may be reasonably required by us. You acknowledge that you are solely responsible for all activity that occurs on your User ID and that you shall be responsible for maintaining the confidentiality of your User ID and password. Xpertserve assumes no responsibility for any liabilities, losses or damages arising out of the unauthorised use of your User ID. In case of any unauthorised use of your User ID or any other breaches pertaining to your User ID of which you may become aware, you shall immediately notify Xpertserve by sending an email xpertserveservices@gmail.com You authorise Xpertserve to use any information associated with your User ID, as may be required from time to time, in connection with fulfilling its continuing obligations. Any such information shall be utilised by Xpertserve strictly in compliance with our Privacy Policy.

PREAMBLE

WHEREAS, Xpertserve is a company incorporated under Law which has entered into an arrangement/agreement with the financial institutions to provide home loan facilities; WHEREAS, The Xpertserve is engaged in providing services to various individuals, entities and organizations, in the ordinary course of its business and invites the vendor/suppliers to help Xpertserve reach Indian consumers with quick and easy HOME loans. WHEREAS, The Vendor/Supplier has represented and warranted to Xpertserve thatit has considerable knowledge, expertise, infrastructure, resources and capability to provide the Services, and refer the leads to the Xpertserve for granting the home loan facilities; WHEREAS, In view of the aforesaid offer and on the faith and strength of the aforesaid representations and warranties, the company, Xpertserve has agreed to appoint the vendor/supplier for providing the Services upon and subject to the terms and conditions hereinafter contained; WHEREAS, under this arrangement, the vendor/supplier will be required to generate and provide leads for Loan requirements to Xpertserve. This arrangement is entered into on a principal to principal basis for a period of __ years from the date of issuance of this letter; NOW THEREFORE in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

DEFINITIONS

In this Agreement, except where the context or subject matter is inconsistent therewith, the following terms shall have the following meanings:

  • “Affiliates” mean any bodies incorporated which are controlled by, control, or under common control with, the Company, whether by virtue of owning, including as a benecifiary, the majority of voting capital or the by having the right to appoint a majority on the board of directors or other management organ, or both.
  • “App” or “Application” or “Mobile Application” shall denote the Application which can be accessed through handheld device including Mobile Phone;
  • “Agreement” or “This Agreement” shall denote this Agreement (as is amended or modified from time to time and published through medium of the “website”.
  • “Applicable laws” means all the existing laws, rules and regulations; and applicable RBI Guidelines include those modified or amended from time to time.
  • “Bank” in relation to the fund transfer mechanism shall mean the Bank which maintains an Escrow Account.
  • “Borrower/s” denotes an individual, who enlist himself /herself for borrowing with Xpertserve or those who borrow or avail Xpertserve services in any manner.
  • “Escrow Account” means an account maintained with the Bank, for the purpose of fund transfers/fund transfer mechanism, operated by the trustee.
  • “Xpertserve’s services” or “Website Services” providing services of loan facilitation via online medium i.e. www.Xpertserve.com
  • “IPR or Intellectual Property” shall mean and include all Xpertserve’s materials, including, but not limited to, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries related to Xpertserve and/or Xpertserve website /App (‘Products’)
  • “Investor/s” or “Lender/s” denotes those who is/are willing to invest or lend money to the Borrower listed with Xpertserve, and which may be any Bank, any NBFC, any person including an individual, a body of individuals, a HUF, a firm, a society or any artificial body, whether incorporated or not. The term Lender or Investor, wherever used in this terms, carries same meaning.
  • “Leads” mean Customers who are interested in a Loan product and to whom FI disburses the loan product when the case is presented by Xpertserve.
  • “Lending Platform” means an intermediary providing the services of loan facilitation via online medium or otherwise, to the Borrowers/Investors/Lenders
  • “Privacy Policy” mean the privacy related policy of the website and which can be accessed through the link i.e. Privacy Policy
  • “RBI” shall denote Reserve Bank of India
  • “Transaction Information” means information that is contained in text messages (that is, SMS) sent by providers of services and/or products (including but not limited to financial institutions, mobile carriers and utility companies) to your mobile telephone number(s) in connection with one or more transactions across multiple financial accounts (including purchase, payments, billing information and service notifications related thereto). Without limitation, Transaction Information includes:
  • Your mobile phone number
  • Your email address
  • Partial payment card data only to the extent such card data is disclosed in the said messages
  • Information related to the transaction in question including identity of the service or product and the price or fee paid or payable in respect thereof.
  • “Trustee” shall mean and organisation /entity which is authorised to operate the escrow account and which performs such functions as provided in Fund transfer mechanism.
  • “User” denotes person, entity, individual, HUF, Firm, a society or any artificial body, who/which avails the Xpertserve services in any manner;
  • “Visitor” shall mean person, entity, individual, HUF, Firm, a society or any artificial body, who/which avails the Xpertserve services in any manner, without registering himself/herself/itself;
  • “Vendor/supplier” shall mean person, entity, individual, HUF, Firm, a society or any artificial body, who/which refers the leads to the Xpertserve on online platform and assists in submission of documents in lieu of referral fees;
  • “Website” shall denote www.Xpertservefunding.com including sub-domain or extension thereof.

RELATIONSHIP OF THE PARTIES- INDEPENDENT PARTNERS

The Parties agree that the Parties shall be considered independent partners and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.

OBLIGATIONS OF THE SERVICE PROVIDER

You or any of your agent, employees, and dealers shall not display the logo of Xpertserve on his/her visiting card or any other stationary except with the prior written consent of Xpertserve. Nothing herein shall entitle you or any of your agent, employees, and dealers to make any representations or warranties on behalf of Xpertserve or enter into contracts or arrangements on behalf of Xpertserve, or pledge the credit of Xpertserve.

DUTIES AND OBLIGATIONS OF THE COMPANY

The company shall be obligated to pay the referral fee to the vendor/supplier upon successful completion of the loan process.

CONFIDENTIALITY

You undertakes to keep all the Terms and Conditions hereof, as well as all Xpertserve’s information provided to you, not limited to financial detail strictly confidential and shall not without the prior written consent of Xpertserve, divulge and disclose any of such terms to any third party. This Clause shall survive the termination of this Agreement. Disclose or communicate to any party any information relating to the Company’s business or the Product including (but not limited to) customer lists, price points, or marketing plans (the “Confidential Information”); Duplicate any Confidential information; Use any Confidential Information other than solely for the benefit of the Company; or Assist a third party in using any Confidential Information in any manner but solely for the benefit of the Company. All disclosures of Confidential Information by one Party to the other are made solely on a confidential basis and as trade secrets. Accordingly, each Party shall maintain the confidentiality of all Confidential Information during the Initial Term and any Renewal Term and at all times thereafter, irrespective of the manner or method in which it is terminated.

MATERIALS AND/OR SUPPLIES

Unless otherwise expressly specified in this Agreement, the Company shall supply, at the vendor’s sole expense, all materials, supplies and other resources necessary to perform the Services.

APPROVAL OF MARKETING MATERIAL.

The Vendor/supplier shall receive written confirmation from the Company in using any marketing materials related to the Product/services that were not directly provided by the Company.

REPRESENTATIONS AND WARRANTIES

  • Each party hereby represents and warrants to that:
  • Each party has all required capacity and corporate authorization to enter into this Agreement and be bound by the obligations provided hereunder;
  • the execution of this Agreement by the Company and the performance of its obligations hereunder will not constitute a violation or breach of any obligation of any agreement between the Company and any third party or a violation of the Company’s legal obligations; and
  • Vendor holds sufficient rights to use all materials, supplies or resources used in the performance of the Services under this Agreement, free and clear of any encumbrances.

GIFTS OR BRIBES

Service Provider’s must not accept gifts from prospects or bribes of any kind. Any Service Provider offered a bribe or payment of any kind by a customer must report the offer to his/her management.

REFERRAL FEES

Xpertserve shall pay to you a Referral/ commission on all cases referred by you that get disbursed through one of our FI tie-ups, based on the attached pay-out structure defined under the ANNEXURE. The said fee will be payable monthly provided a monthly invoice is submitted to Xpertserve in the format provided by Xpertserve. Xpertserve reserves the right to change the pay-out structure at any time without intimation to the Referral partner.

RIGHT TO ADJUST AND WITHHOLD

Xpertserve will be entitled to make adjustment, set off or withhold any amount due to you under this arrangement against any money which becomes due or may become due to Xpertserve from you, whether by way of damages, loss suffered or costs, expenses incurred or any amount paid by Xpertserve to any third party or any statutory authorities which is your liability. It is mutually agreed between the Parties that to such adjustment, set off or with-holding of amount by Xpertserve, you shall not raise any objection.

INDEMNIFICATION

You undertake to indemnify and keep Xpertserve and its officers/employee indemnified and harmless from and against any actions, suits, claims, proceedings, damages, liabilities, losses, expenses or costs (hereinafter referred to as “Claims”) suffered by it on account of any breach of warranty, representations, non-compliance of any applicable law, unauthorized act, fraud, deed or thing done or omitted to be done or undertaking made by you, its employees, officers, agents during the performance of this arrangement.

JURISDICTION

Any dispute arising under this arrangement between the parties will be subject to the courts of [[Place of jurisdiction]].

FORCE MAJEURE

  • No party shall be liable for any failure to perform its obligations under these Terms if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
  • For purposes of these Terms, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, lockdown relating to any pandemic or COVID-19 and general failure of public transport.

NOTICE

  • Any notice provided for or permitted in this Agreement shall be in writing and will be deemed to have been given [[Minimum number of Days after Mail: Number]] days after having been mailed, postage pre-paid, by certified or registered mail or by recognized overnight delivery services, except in the case of a postal or other strike affecting the service used whereupon notice will be deemed to have been given [[Minimum number of Days for Service of Notice: Number]]days after normal service resumes.
  • Where personal service is made or where delivery is made by facsimile and a receipt thereof has been retained, any notice provided for or permitted in this Agreement will be deemed to have been given when received by the intended recipient. The intended recipient must be an individual whose personal name appears on the address set out in the notice.
  • The parties may communicate other addresses where notice must be sent to from time to time. Such communication shall be in writing and shall have the effect of replacing the address. No change of address effected under this section shall in any way affect the operation of any term, other than the delivery address, in this Agreement.

TERM

  • This Agreement will come into force as on the date of your account creation and will expire on deletion of your account.

TERMINATION

  • Xpertserve is entitled to terminate this arrangement by providing 7 days’ notice, without assigning any reasons and delete your account from its servers to end this agreement relationship.

EFFECT OF TERMINATION.

  • Upon termination of the agreement, the following shall occur:
  • The Vendor/Supplier shall direct all further inquiries regarding the home loans back to the Company;
  • The vendor/supplier shall return or destroy any physical or digital copies of the Company’s proprietary information in its possession including (but not limited to) marketing material, business plans, customer lists, and pricing information.

DISPUTES AND RESOLUTIONS – ARBITRATION:

  • In the event of any dispute, difference or controversy arising between the Company/Owner and the vendor/supplier in the performance, interpretation, implementation or application of this agreement, the parties will first attempt to resolve their differences mutually but failing mutual settlement dispute, difference or controversy arising, either Party may request that such disputes be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (“ the Act of 1996”) and the rules made there under, as amended from time to time.
  • The Seat of Arbitration will be in [[Place]] and all Arbitration proceedings will be conducted in [[Place]].

GENERAL PROVISIONS

Entire Agreement & Amendments This Agreement hereto constitutes the entire agreement and understanding between the parties relating to the subject matter hereof, and supersedes all other agreements, oral or written, made between the parties with respect to such subject matter. Except as provided herein, this Agreement may not be amended or modified in any way except by a written instrument signed by both Parties.

ASSIGNMENT

Neither Party shall assign this Agreement or any of its rights or obligations hereunder without prior written consent of the other Party, which consent may be withheld at the other Party’s discretion.

INCORPORTAED BY REFERENCE

The Preamble and all Attachments, Schedules and Exhibits attached hereto are hereby incorporated by reference and made a part of this Agreement.

APPLICABLE LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the India, without reference to its conflict of law provisions, and the laws of India applicable therein. All disputes arising under this Agreement will be referred to the courts situated in India which will have jurisdiction, and each Party hereto irrevocably submits to the jurisdiction of such courts.

CURRENCY

All references to monetary amounts in this Agreement shall be to Indian currency.

NON-SOLICITATION

Unless given prior written consent by the parties, which consent may require a payment to the party, each Party agrees that it will not, during the Initial Term, knowingly solicit or hire any employee of the other Party who is directly involved in providing the Services herein.

ABSENCE OF PRESUMPTION

No presumption shall operate in favour of or against any Party hereto as a result of any responsibility that any Party may have had for drafting this Agreement.

LANGUAGE CLAUSE

It is hereby agreed that both parties specifically require that this Agreement and any notices, consents, authorizations, communications and approvals be drawn up in the English language.

INTERPRETATION

The headings and section numbers appearing in this Agreement or any Schedule attached hereto are inserted for convenience of reference only and shall not in any way affect the construction or interpretation of this Agreement.

SERVERABILITY

If for any reason whatsoever, any term or condition of this Agreement or the application thereof to any Party or circumstance is, to any extent, invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to the parties or circumstances shall not be affected thereby and shall be separately valid and enforceable to the fullest extent permitted by law.

WAIVER

No waiver by either Party of any obligation, restriction or remedy under this Agreement shall be valid unless by specific written instrument. No acceptance by a Party of any payment by another Party and no failure, refusal or neglect of any Party to exercise any right under this Agreement or to insist upon full compliance by the other Party with its obligations hereunder, shall constitute a waiver of any other provision of this Agreement or any further or subsequent non-compliance with the same or any other provision.

FURTHER ASSURANCES

Each of the parties hereto hereby covenants and agrees to execute and deliver such further and other agreements, assurances, undertakings, acknowledgments or documents, and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part hereof.

BINDING NATURE

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective (as applicable) successors and assigns.

COUNTERPARTS

This Agreement may be signed in counterparts, and by use of facsimile signatures, each of which when signed and delivered shall be deemed to be an original, but all such counterparts shall together constitute one and the same instrument.

MERGER CLAUSE

A merger or integration clause states that the current written contract overrides any previous oral or written agreements.

NON-WAIVER CLAUSE

These protect parties who excuse the other party for non-performance of contract terms. For example, suppose one party only makes payments every other month when the contract requires monthly payments. If the non-breaching party accepts the payments but doesn’t file a lawsuit, the non-waiver clause allows them to recover the missing payments. In other words, the party doesn’t “waive” their full contract rights by accepting non-complying action from the other party.

LIQUIDATED DAMAGES CLAUSE

Allows the non-breaching party to recover damages in the event that actual damages are difficult to calculate. However, the amount of liquidated damages needs to be reasonable in light of the circumstances.

LEGAL FEES CLAUSE

These state that the losing party shall reimburse the other party for attorney’s fees (and sometimes other court fees and costs).