Specific terms of use for payment automation services

This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time) read with Information Technology Act, 2000 (amended from time to time) and does not require any physical or digital signatures.

  1. You agree that your use of any value-added service shall be construed as a consent to any additional fees which may be levied by Keka on such additional Service or value-added service.
  2. You agree that the fees shall be charged according to the manner, rates and frequency determined by Keka. Keka reserves the right to update the amount of the Fees at any point of time.
  3. Fees are exclusive of applicable taxes and Keka will charge such applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.
  4. For fees deducted upfront before provision of the specific Service, it is agreed that if You deposit applicable taxes under Section 194J of the Income Tax Act, 1961 (in respect of invoices received by You) and furnish to Keka Form 16-A in respect of such taxes paid, then Keka shall reimburse to You, on a quarterly basis, the amount in respect of such taxes paid. In all other cases, with respect to invoices received by You, at the time of payment of the Fees, You will withhold applicable taxes under Section 194J of the Income Tax Act, 1961 (in case LTDC is provided as per the LTDC issued). You shall deposit the withheld taxes with the government treasury, file the statutorily mandated returns and furnish the requisite tax deduction certificate (Form 16-A) to Keka within the timelines prescribed so as to enable Keka to obtain full credit for the taxes deducted at source.
  5. You understand that the sender account name being reflected in the receivers' bank transfer will be ‘Keka Technologies Private Limited’.
  6. You shall be solely responsible for any incorrect transaction or transaction processed for any reason other than the intended use from Keka. Keka will process transactions on your behalf in good faith only for the intended use. It is understood that Keka shall not utilize the funds for any other purpose.
  7. If Keka is intimated, by a Facility Provider, that a customer has reported an unauthorized debit of the customer’s Payment Instrument (“ Fraudulent Transaction ”), then in addition to its rights under Clause 1T&6 of the General Terms of Use, Keka shall be entitled to suspend settlements to You during the pendency of inquiries, investigations and resolution thereof by the Facility Providers
  8. If the amount in respect of the Fraudulent Transaction has already been settled to You pursuant to these Terms, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI’s notification DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI’s notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.
  9. Subject to Clause 5 above, if the Fraudulent Transaction results in a Chargeback, then such Chargeback shall be resolved in accordance with the provisions set out in the Terms.
  10. You shall be liable in the event of breach of the fraud amount thresholds as provided under the NPCI guideline on ‘Fraud liability guidelines on UPI transactions’ NPCI/2022- 23/RMD/001. You hereby understand and agree that the decision of the NPCI or the concerned acquiring bank, as the case may be, shall be final and binding.
  11. You shall be responsible to do reconciliation on a daily basis for all the transactions processed. In case of discrepancies, You shall report to Keka regarding such discrepancy within three (3) working days. However, if any reconciliation issue is highlighted by You to Keka after three (3) working days from the transaction date, Keka shall not be responsible or liable in any way whatsoever in case such queries and/or concerns are not resolved.
  12. You shall be solely responsible for updating Your GST registration number with Keka before Keka generates the invoice and shall also submit the GST certificate as part of KYC. Keka will raise a GST tax invoice and report the transactions in the GST returns based on the information provided by You. The GST returns will be filed as per the statutory timelines, to enable You to avail appropriate input tax credit. Keka shall not be responsible for any mistake and or misrepresentation by You in updating the GST number and other particulars as per the GST certificate. Further, any liability raised on Keka by the GST authorities due to incorrect information provided by You or deliberate withholding of any statutory information by You shall be recovered by Keka from You.
  13. We will raise invoices in respect of fees charged for Services provided. Any dispute in respect of an invoice must be communicated by You to Us via a notice no later than ten (10) days from the date of the invoice. Keka shall use good faith efforts to reconcile any reasonably disputed amounts
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