නියමයන් සහ තත්වයයන්
Agreement / Loan Agreement – Loan Agreement entered into by the Customer, the Lender and the Service Provider;
Service Fee – a fee payable by the Customer to the Lender for the processing of the loan. The Service Fee is calculated as a certain amount of one-off fee for appropriate the Loan amount and Loan tenor.
Prolongation fee - a fee payable to the lender for consulting or assisting in the extension of the loan consisting of loan service fee. The applicable prolongation fee percentage would be calculated based on the initial loan amount. Prolongation fee shall be paid at the time of extending the loan for another tenor as decided and informed by the Lender to the Customer;
Verification Code – a digital code sent via a short message service (SMS) to Customer’s mobile phone number.
2.1. The Lender, relying upon each of the representations and subject to the obligations of the Customer set herein, hereby agrees to lend to the Customer an amount of money as more fully set out in the first page (the “Loan”) of the Agreement in the manner hereinafter set out in the Agreement.
2.2. The Loan amount repayable shall include the applicable chargers and any other payment as set out herein. The Loan including the interest, chargers and / or any other payment shall be repaid on or before the Pay Day as defined and set out herein.
2.3. The Customer agrees with the Lender that the said interest and additional fees are fair, justified, reasonable and equal in the circumstances, and that the Customer shall make no claims otherwise.
2.4. The Customer acknowledges and agrees that the Lender shall have the right, in its sole discretion, to reduce the Loan Amount and the Loan tenor, unilaterally provided the Lender provides written notice thereof to the Customer.
2.5. The Parties acknowledge and agree that the Lender shall have the absolute right, in its sole discretion, to terminate this Agreement without any liability whatsoever in the event the mobile phone verification of Customer cannot be successfully performed or any other intentional or unintentional breach of any one or more of the terms and conditions embedded in this Agreement.
3. MINIMUM CRITERIA
3.1. The Customer acknowledges, affirms and understands that the Loan/s is being granted subject to the Customer fulfilling the following minimum criteria and the Customer hereby represents and warrants to the Lender that the Customer satisfies or shall satisfy these minimum criteria:
- The Customer’s age is above twenty (20) years when applying for the Loan;
- The Customer’s residential address is located within Sri Lanka;
- The Customer accepts his/her Verification Code within 15 minutes of being sent one by the Platform;
- The Customer answering a phone call placed to the Customer by the Company and verifying his/her identity to the satisfaction of the Company; and
- The Customer’s references verifying the information supplied by the Customer.
3.2. The Customer agrees and understands that the Lender and/or the Company has conducted and/or shall conduct data verification, which shall include but not be limited to:
- Verification by way of phone calls to the Customer and references provided by the Customer as well as to the Customer’s employer if deemed necessary by the Company;
- Mobile phone verification; and
- Processing data from social network profiles, provided by the Customer during the loan application process.
4. DETAILS OF THE LOAN
4.1. The Loan amount, tenor, interest rate (if any), Service Fee, and the Late Payment Fee are more fully set out in the first page (the “Loan”) of the Agreement.
4.2. The total Interest payable on this Loan shall be zero (0%) per centum. The Lender however at its discretion may change the interest rate from time to time by Notice to Customer. For avoidance of doubt, any such interest shall be calculated on the Disbursement Date on the total amount of the Loan granted to the Customer.
4.3. The Service Fee is accrued immediately after the Loan disbursement which is to be paid on Pay Day. If a first loan customer fails to repay on the due day, the service fee for the loan management service shall be accrued on the succeeding calendar one (1) day.
4.4. The Loan shall be repaid by the Customer on Pay Day. Provided the Customer reserves the right to fully repay and settle the Loan at any time before the expiration of the respective Loan tenor.
4.5. The Customer shall be required to pay a Late Payment Fee of Rupees Thousand (Rs. 1,000/- ) (the “Late Payment Fee”) on the next succeeding day after the pay day, if the customer default in payment. provided that the total amount of outstanding payment including principal, late payment and interest.
4.6. The Late Payment Fee shall be charged in the following manner:
- Firstly, the Late Payment Fee shall be charged on the succeeding calendar one (1) day after the Pay Day (Pay Day + 1 day)
- Secondly, the Late Payment Fee shall be charged on the succeeding six (6) calendar days after the Pay Day (Pay Day + 6 days).
- Thirdly, the Late Payment Fee shall be charged on the succeeding eleven (11) calendar days after the Pay Day (Pay Day + 11 days).
- Fourthly, Late Payment Fee shall be charged after the lapse of sixteen (16) calendar days after the Pay Day (Pay Day + 16 days).
- Four continuous charging is allowed for each monthly payment.
4.7. The Loan shall be disbursed to the Customer’s bank account provided by Customer via Platform. The Customer shall receive Notice to Customer on the Loan approval and Loan disbursement upon Loan disbursement date (the “Disbursement Date”).
5.1. The Customer hereby retains the Service Provider to provide the Services to the Customer pursuant to the terms and conditions of the Agreement and the Service Provider hereby agrees to render the Services to the Customer.
5.2. The Customer understands and agrees that the Service Provider has conducted and/or shall conduct data verification, which shall include but not be limited to:
- Verification by way of phone calls to the Customer and references provided by the Customer as well as to the Customer’s employer if deemed necessary by the Service Provider;
- Mobile phone verification; and
- Processing data from social network profiles, provided by the Customer during the loan application process.
5.3. Early prepayment shall be possible at any time.
5.4. The Service Provider may conduct a credit risk assessment of the Customer by itself, at its cost but without any obligation to do so, through a third party.
5.5. The Service Provider shall have the right to contact the Customer or person(s), referred to as a “contact person” in Customer’s loan application through various means, including but not limited to: (i) phone text messages; (ii) emails; (iii) voice calls; (iv) automated voice calls; and (v) any other method deemed necessary by the Service Provider.
5.6. The Customer expressly acknowledges that:
- the Service Provider shall have no obligation to accept a loan application submitted by the Customer or forward a loan application to the Lender, and shall have no responsibility whatsoever to make or procure the making of any Loan to the Customer or for the Lender’s refusal to make a Loan on the terms requested in the loan application or on any other terms and conditions;
- the Service Provider has made no representation, warranty or other commitment, whether verbal or written, (i) as to the likelihood that a loan application will be accepted by the Lender, (ii) that a Loan will be made available by the Lender, or (iii) as to the terms and conditions of any Loan. The Customer hereby now and forever releases the Service Provider from any liability in the event the Customer is not able to obtain a Loan; and
- the Service Provider shall not be responsible for any decision made by the Lender (i) in respect of any of the loan applications or the Loan or (ii) under the Loan Agreement or otherwise.
5.7. The Customer hereby confirms and acknowledges that the Service Provider has not given and shall not be deemed to have given the Customer any advice as to the advisability of borrowing funds from the Lender or his/her ability to repay a Loan and that he/she has made his/her own decision as to whether to accept a Loan on terms and conditions offered by the Lender. The Customer hereby now and forever releases the Service Provider from any liability in the event the Customer suffers any adverse consequences arising from any Loan obtained by the Customer from the Lender or his/her obligations under any Loan Agreement or the Agreement.
5.8. The Customer acknowledges that the failure of the Service Provider in providing reminders shall not be a reason for any default in the payment or repayment of any amounts due under the Agreement.
5.9. The Service Provider shall act independently in providing the Services. Nothing in the Agreement shall create any principal-agent relationship between the Customer and the Service Provider or otherwise impose any fiduciary or other obligations on the Service Provider whatsoever.
6. SERVICE FEE
6.1. The Service Fee under the Agreement consists of the fee payable by the Customer to the Company for the Services provided by the Company including but not limited to evaluation, Loan management; and for other services provided by the Company from time to time under the Agreement in accordance with the terms and conditions hereof.
6.2. First loan customers are free from service fee but if such customer fails to pay on due date such customers are ought to pay a fee for the loan management service. The said fee shall be accrued as service fee on the succeeding calendar one (1) day.
6.3. The Company shall have the sole discretion to vary the Service Fee in accordance with applicable law without any prior notice to the Customer.
6.4. The Customer and the Company hereby irrevocably and unconditionally authorize the Lender to collect the Service Fee from the Customer on an exclusive basis and transfer such amount to the account of the Company, the details of which shall be provided by the Company to the Lender. The payment of the Service Fee to the Company through the Lender shall be the only payment method permitted under the Agreement, unless otherwise agreed by the Parties hereto.
7. PROLONGATION FEE
7.1. The prolongation fee shall be validated from the date of prolongation activation until its expiration date.
7.2. The Loan shall be automatically prolonged, and the prolongation shall occur based on the loan type as defined herewith in clause 7.2.1 and clause 7.2.2.
7.2.1. Automatic prolongation availability:
188.8.131.52. Prolongation for repeated loan borrowers shall be available for the customers who have 3 days for the payday and until the time customer has elapsed 30 days from its payday.
184.108.40.206. A service fee shall be charged for prolongation activation and the number of prolongations (for repeated loans) is unlimited
220.127.116.11. Where a customer (for repeated loans) has elapsed 1 day from the payday, auto prolongation shall be activated for a term of requested term or default term as defined below.
A. Prolongation could be subjected to a term period calculated from the date of activation up to a “Requested Term”. The Requested term is where prolongation is available for selected periods such as for 10,20 or 30 days. Prolongation term shall be amounted to the totaled term of requested term and number of days past due on prolongation activation day.
B. Prolongation could be subjected to a term period from the date of activation up to “Default Term”. Default Term is where the customer does not perform in the requested term and such default period is known as the total days of the original loan term and the number of days past due on prolongation activation day.
18.104.22.168. Automatic prolongation shall occur;
A. In the event where the loan agreement has expired, such a customer should make payment for prolongation activation. And prolongation activation fee could be made in part payments.
B. where the customer is on payday and such automatic prolongation shall be activated upon the customer paying a specified amount for the prolongation at 00.00 of that day.
C. Where the customer has elapsed the payday and such automatic prolongation shall be activated upon the customer paying a specified amount for the prolongation at the 00.00 of the next day.
D. Interest for the Prolongation period shall be 1.5 % (one and five-tenths percent) which is calculated subject to the respective prolongation term that is obtained by the customer and, accrued at the moment of activating the prolongation. Also, the Interest shall be imposed in an event where the customer has obtained prolongation subject to a requested term.
E. And if the customer pays a sum that is greater than its required, that sum would be applied to the principal loan amount.
F. And a penalty shall be imposed that is calculated upon activation of longing such prolongation.
7.2.2. Prolongation interest (for First Loan For Free loans) for the prolongation period shall be 2% (two percent).
22.214.171.124. Automatic prolongation (for first loan for free loans) shall occur where;
126.96.36.199. The customer has 3 days for the payday and until the customer has elapsed 30 days from the payday, such automatic
188.8.131.52. prolongation shall be activated at the end of the client's agreement and the customer pays a specific amount for the prolongation at 00.00 of that day.
184.108.40.206. Prolongation shall be activated where the customer elapsed 1 day from the payday and with a fixed commission of LKR 500 OR customer who has elapsed the payday shall pay the percentage subjected to 2% (two percent) of the due credit calculated after the grace period for 7 days.
220.127.116.11. Prolongation shall be available for the default term of the loan (7 days) and the number of days of delay.
18.104.22.168. Prolongation for the prolongation period shall be 2% (two percent).
22.214.171.124. Automatic prolongation shall occur;
G. In the event where the loan agreement has expired, such a customer should make payment for prolongation activation. And prolongation activation fee could be made in part payments.
H. where the customer is on payday and such automatic prolongation shall be activated upon the customer paying a specified amount for the prolongation at 00.00 of that day.
I. Where the customer has elapsed the payday and such automatic prolongation shall be activated upon the customer paying a specified amount for the prolongation at the 00.00 of the next day.
J. Interest for the Prolongation period shall be 2 % (two percent) which is calculated subject to the respective prolongation term that is obtained by the customer and, accrued at the moment of activating the prolongation. Also, the Interest shall be imposed in an event where the customer has obtained prolongation subject to a requested term.
K. And if the customer pays a sum that is greater than its required, that sum would be applied to the principal loan amount.
L. And a penalty shall be imposed that is calculated upon activation of longing such prolongation.
8. REPAYMENT/PREPAYMENT OF THE LOAN
8.1. The Customer shall be required to repay to the Lender all amounts due or payable in respect of the Loan (including but not limited to principal, fees, charges or any expenses in accordance with the Agreement) under the Agreement on the Pay Day.
8.2. The Loan, Service Fee, and / or any other payments shall be repaid by the Customer directly to bank account of the Lender, the details of which are set out on its website (unless other details are communicated by the Lender, from time to time)
8.3. Payments made by the Customer shall be applied in the priority order of: (i) the Late payment Fee; (ii) Prolongation Fee (if applicable); (iii) the Service fee; (iv) Principle and; (v) any other fees.
9. NOTICE TO CUSTOMER
9.1. The Customer hereby acknowledges and agrees to be bound by and comply with the Notice to the Customer at all times. The Notice to the Customer shall be an integral part of the Agreement and can be issued by and/or through another Company or any partner as designated by the Lender / the Company from time to time. In the event that the Notice to the Customer contains any mistake and/or error for whatever reasons, the Lender / the Company reserves the right to re-correct, amend such information or error by sending another Notice to the Customer within seven (7) business days thereafter.
9.2. The Customer agrees and provides his/her irrevocable consent to receive SMS (Short Message Service) or email messages from the Lender and the Company containing information of the Lender’s and/or the Company’s promotions, related to repayment or any other information connected with the Loan. All such messages shall be deemed as the Notice and receipt thereof shall be deemed as duly acknowledgement of the Notice received by the Customer.
9.3 The customer specifically and clearly authorize the Lender to verify his personal identification data through the Department of Registration of Persons to OnCredit (Private) Limited deems fit to carry out Verification.
10. RIGHTS AND OBLIGATIONS OF THE LENDER
The rights and obligations of the Lender are as follows:
- To decide the Loan disbursement as per the Customer’s request or confirmation via Notice to Customer.
- To open and maintain books and records showing the Loans, repayments, prepayments, the computation and payment of interest and other amounts due and sums paid which shall be conclusive and binding on the Customer as to the amount at any time due from the Customer, in the absence of manifest error in computation.
- When serving the Notice to Customer, to record any contents exchanged in such communication between the Lender and the Customer, which shall be lawful evidence of such communication in case the Customer sends any request in relation to the Agreement via phone.
- To request the Customer to fully pay any payable or due amount under the Agreement at any time that the Lender may deem it necessary.
- To request the Customer to compensate for any damages, liabilities, claims, losses, expenses in relation to or arising from any transactions between the Parties under the Agreement.
- To comply with the terms and conditions provided in the Agreement.
11. RESPONSIBILITIES OF THE SERVICE PROVIDER
The Service Provider shall exercise due care, skill and diligence in discharging its obligations in terms of the Agreement.
12. RESPONSIBILITIES AND OBLIGATIONS OF THE CUSTOMER
The rights and obligations of the Customer are as follows:
- To fully repay the Loan and all other obligations, including, interest fee (if any), Service Fee in full on the Pay Day and perform its other obligations in terms of the Agreement in a timely manner.
- To undertake irrevocably to agree with any amendments, changes to terms and conditions made by the Lender;
- To undertake irrevocably and unconditionally to be liable, compensate and ensure to keep the Lender indemnified against any liabilities, compensation, claims, damages, losses, expenses in relation to or arising from any transactions between the Parties under the Agreement.
13. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE CUSTOMER
13.1. The Customer represents and warrants to the Lender that:
- the Customer has fulfilled the minimum criteria as specified in Clause 3.1 of the Agreement;
- the Customer’s data and all other information provided to the Service Provider and/or the Platform are complete and true data and information of the Customer and not misleading in any respect;
- the Customer shall be legally liable for every fraud, forgery, and the unauthorized use of, the Customer’s data provided by or on behalf of the Customer to the Service Provider or the Platform;
- the Customer has obtained all approvals, if any, from regulatory authorities or otherwise required to be obtained for the purpose of execution and performance of the Agreement and enters into the Agreement in good faith, without any intention of violating the applicable rules and regulations including but not limited to money laundering, tax avoidance and anti-terrorism regulations;
- the Customer is entering into the Agreement for and on his or her own behalf, freely and of his or her own accord without any duress or intimidation from any party and with full knowledge and understanding of its contents and consequences;
- the electronic signature of the Customer to the Agreement is valid and the Agreement constitutes the valid, legal and binding obligations of the Customer, enforceable against him/her in accordance with applicable law;
- the Customer is not required to withhold any tax or other amount from any payment of the Loan, whether for principal, interest or any other amount; and
- the proceeds of the Loan shall be used solely for personal use and not for any commercial or business purpose.
13.2. The Customer hereby undertakes to the Lender that:
- The Customer shall comply in all respect with all applicable laws in connection with the performance of the Customer’s obligations under the Agreement, and other relevant documents;
- The Customer shall be liable for any request, notice, confirmation made by the Customer via phone and acknowledges and undertakes that such request, notice, confirmation shall create the lawful liabilities and be binding the Customer under the Agreement; and
- The Customer undertakes to immediately inform the Lender upon any change to the Customer’s information (including but not limited to any information related to Registered Phone number, residence address and any other information may impact the Customer’s repayment capacity).
14. EVENT OF DEFAULT
14.1. Each of the events or circumstances set out in the following sub-clauses is an Event of Default:
- The Customer does not comply with any provision of the Agreement, and/or any relevant documents, including any failure to pay when due any principal, interest, fee or any other amount payable pursuant to the Agreement, and or any relevant documents;
- The Customer breaches any of his obligations and/or the representations and warranties as set out herein.
- Customer’s breach of any obligations towards any third party providing the services in relation to granting the Loans under the Agreement shall be deemed as the Customer’s breach of the Agreement;
- Any representation or statement made or deemed to be made by the Customer in the Agreement, and/or any relevant documents is incorrect or misleading in any material respect when made or deemed to be made;
- In the event of death or incapacitation of the Customer; or
- Any event or series of events occurs which, in the opinion of the Lender, is likely to have a material adverse effect on the Customer's financial conditions.
14.2. On and at any time after the occurrence of an Event of Default which is continuing the Lender is entitled to:
- Declare all or part of the outstanding under the Loan, together with accrued interest, Service Fee and all other amounts accrued or outstanding under the Agreement, to be immediately due and payable;
- Terminate all obligations of the Lender or the Service Provider under the Agreement, and other relevant documents; and
- Exercise all of its rights and remedies under the Agreement, and other relevant documents.
15.1. The Customer agrees to indemnify and hold the Lender and / or the Service Provider harmless from and against all losses, claims, damages, liabilities, costs or expenses including, but not limited to:
- The occurrence of any Event of Default;
- The information produced or confirmed by the Customer being or is alleged not being misleading and/or deceptive in any respect;
- Any enquiry, investigation or similar order or litigation with respect to the Customer or with respect to the transactions contemplated or financed under the Agreement, and other relevant documents;
- The Customer’s due debts under the Agreement (or any part thereof) not being prepaid in accordance with a notice of prepayment given by the Customer those resulting from any threatened or pending investigation, action, proceeding or dispute (except where such loss, claim, damage, liability, cost or expense arose out of an act of gross negligence or gross breach of duty by the Lender and / or the Service Provider, whether or not the Lender and / or the Service Provider is a party to such investigation, action, proceeding or dispute, arising out of the Lender and / or the Service Provider entering into or performing services under the Agreement, or arising out of any matter referred to in the Agreement.
15.2. The provisions of this paragraph shall survive the termination and expiration of the Agreement.
16. GOVERNING LAW AND DISPUTE RESOLUTION
The Parties shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Agreement.
16.1. All disputes arising from or in relation to the Agreement or breaches of the contract, termination, invalidity shall be firstly resolved by mutual consultation and in the event the parties could not come to a settlement, parties may seek the jurisdiction of a competent court of Sri Lanka.
16.2. This Agreement shall be governed and interpreted in accordance with the laws of Sri Lanka and shall be subject to the jurisdiction of District Courts of the Sri Lankan under civil Law and criminal courts of Sri Lanka under Criminal law.
17. MISCELLANEOUS PROVISIONS
17.1. The Customer understands and acknowledges that the insertion of the Verification Code set out below shall be the electronic signature of the Customer and that he shall be bound by the terms and conditions set out in the Agreement upon such signature being placed.
17.2. The Customer hereby expressly agrees and permits the Lender and / or the Service Provider to transfer and disclose to any third party any information relating to the Customer’s affairs or account in respect of the Agreement, and at any time and to such extent as the Lender and / or the Service Provider may at its absolute discretion deem expedient or necessary. The Customer hereby agrees that the aforesaid information may be used, encrypted, transmitted and stored by the Lender and / or the Service Provider and its holding company, head office, other branches, subsidiaries, related companies (whether within or outside Sri Lanka) and/or may be exchanged to or with all such persons as the Lender and / or the Service Provider considers necessary to the extent as permitted by law.
17.3. The Customer shall be responsible for VAT or any other taxes, duties, levies or charges imposed on the Services provided to Customer or on any fees payable by the Customer to the Lender and / or the Service Provider hereunder.
17.4. The Customer expressly consents to such actions and declares that no further consent from the Customer is necessary or required in relation thereto.
17.5. Any Notice to Customer or such other notices sent by the Lender and / or the Service Provider or third party as appointed by the Lender and / or the Service Provider in relation to the Agreement shall be treated as having been given and received when sent by SMS message to the Registered Phone and no failure notice is received by the Lender and / or the Service Provider.
17.6. Establishment and/or performance of the Lender and / or the Service Provider’s communication means under the Agreement may be conducted by and/or through service providers, partners as appointed by the Lender and / or the Service Provider from time to time and which shall be legally binding on the Parties.
17.7. The Agreement shall be in force and effect until the Customer has fully repaid his/her obligations towards the Lender and / or the Service Provider under the Agreement. Provided however, the Lender and / or the Service Provider may, at its sole discretion, waive the unpaid principal if such unpaid principal does not exceed Rs. 250/-. Notwithstanding that, the Lender and / or the Service Provider has power to amend, supplement and/or unilaterally terminate the Agreement at any time by serving a prior notice to the Customer within a reasonable period.
17.8. No one other than a Party to the Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
17.9. No failure or delay by the Lender and / or the Service Provider to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.10. If any provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of the Agreement. If one Party gives notice to the other of the possibility that any provision of the Agreement is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
17.11. This Loan Agreement sets forth the entire understanding of the parties relating to the subject matter here of and supersedes and cancels any prior communications, understandings, and agreements between the parties. This Agreement cannot be modified or changed, nor can any of its provisions be waived, except by written agreement signed by the two parties hereto.
17.12. This Agreement may be executed in any number of counterparts. Each counterpart is an original, but the counterparts together are one of the same Agreement. Where, for reasons of time and/or distance, one party is unable to deliver an original counterpart to the other Party, the Parties agree that a copy of the original executed counterpart sent by facsimile machine instead of the original counterpart is sufficient evidence of the execution of the original and may be produced in evidence for all purposes in place of the original.
17.13. Notwithstanding any other provisions in the Agreement, the indemnities contained in the Agreement shall survive the signing hereof.
17.14. The contents of the Agreement are contained in an electronic format and shall have full validity and effect notwithstanding the fact that it may not been printed, and the electronic signatures of the parties shall be deemed to be hands or common seals of the respective parties.
17.15. The Customer hereby authorises the Service Provider to:
(i) sign assignment agreements between the Customer and other customers or investors,
(ii) execute, sign, perform and amend any and all letters, notices, agreements, amendments and other documents with the customers or investors and other third parties (including, inter alia, collection services and agency agreements) required and necessary to perform actions specified above,
(iii) carry out any other actions necessary to fulfil this mandate.