Credit Facility Agreement
Credit Facility Agreement
Credit Facility Agreement
FACILITY AGREEMENT
This C REDIT FAC ILITY AGREEMENT ('A greement') is executed on Thu Dec 01 2022 00:00:00 (Indian
Standard Time) at Bengaluru
BY AND AMONGST
DMI Finance Private Limited , a limited liability company registered with the Reserve Bank of India as a
non-banking financial company having its registered office at Express Building, 3rdFloor, 9-10, Bahadur Shah
Zafar Marg New Delhi-110002 (hereinafter referred to as the "Financing Partner", which expression shall
unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and
permitted assigns) of the ONE PA RT;
AND
MA NSOOR MA LA NG SHA IKH , son/daughter of MOHD MA LA NG SHA IKH currently residing at HEG 30,5/6
BEHRAM PADA,A.K MARG NEAR ARMA TOER BANDRA Mumbai Subueban 400051, Maharashtra
(hereinafter referred to as the "Customer", which expression shall unless it is repugnant to the context or
meaning thereof, mean and include his legal heirs, representatives, administrators, executors and permitted
assigns) of the SECOND PA RT;
AND
GA RA GEPRENEURS INTERNET PRIVATE LIMITED, a company incorporated under the C ompanies Act,
2013, with company identification number U72900KA2015P TC 080871 and having its registered office at 747,
P ooja Building, 80 Feet Road, 4th Block, Koramangala, Bangalore - 560034 (hereinafter referred to as "slice"
, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and
include its successors and permitted assigns) of the THIRD PA RT.
The expressions Financing P artner, C ustomer and slice shall hereinafter be individually referred to as 'Party'
and collectively as 'Parties'.
WHEREA S:
A. The Financing P artner is a non-banking financial company engaged in the business of providing
financial services by way of credit in India;
B. slice is a company which operates an electronic platform by way of mobile application under the
name of ‘slice’ (“slice Portal”), through which its customers can avail credit facilities from the
financing partners with whom slice has a tie-up;
C . The C ustomer is a customer on the slice P ortal who is interested in availing credit facilities;
D. At the request of the C ustomer, the Financing P artner has agreed to provide the facility (defined
hereinafter) to the C ustomer; and
E. The P arties are now desirous of entering into this Agreement to record: (i) the terms and conditions
on which the Facility is granted by the Financing P artner to the C ustomer; (ii) mechanism for
repayment of the Outstanding C redit Facility (defined hereinafter).
1. Definitions:
In this Agreement, the following capitalized terms shall have the meaning ascribed to them
hereunder:
a. 'A greement' shall mean this Agreement (together with the annexures and
schedules hereto), as amended or modified or substituted from time to time;
b. 'A pplicable Law' shall mean, in respect of any relevant jurisdiction, any statute,
law, regulation, ordinance, rule, judgement, rule of law, order, decree, approval,
authorisation, directive, guideline, policy, requirement or other governmental
restriction or any similar form of decision, or determination by, or any interpretation
or administration of any of the foregoing by, any statutory or regulatory authority;
c. 'Business Day'means any day other than Sunday or any day on which banks in
Bengaluru are generally closed for regular banking business;
d. 'Effective Date' shall mean the date of execution of this Agreement;
e. 'Email Id' will mean the Email id of the C ustomer as set out in the ‘slice P ortal’;
f. 'EMI' will have the meaning as set out in C lause 2.2;
g. 'Events of Default/s' shall have the meaning as ascribed to it under C lause 6;
h. 'Extra Interest for Delay' shall have the meaning as ascribed to it under C lause
3.5 below;
i. 'Interest' shall have the meaning as ascribed to it under C lause 2.1;
j. 'Facility' shall have the meaning as ascribed to it under C lause 2.1;
k. 'Notice' includes notice sent by any of the following means: notification through the
slice P ortal, short message service (SMS), email, facsimile, personal delivery or pre-
paid registered mail and the term "Notify" shall be construed accordingly;
l. 'Outstanding Credit Facility' will have the meaning as indicated in Schedule 1;
m. 'Penalty Charges' shall have the meaning as ascribed to it under C lause 2.8.1(c)
below;
n. 'Processing Fee' will have the meaning as set out in clause 2.8.1(a);
o. 'Registered Bank A ccount' means the bank account in the name of the
C ustomer registered with slice on the slice P ortal;
p. 'Sanction Letter' will mean and refer to the letter issued to the C ustomer in terms
of the circular No. DOR (NBFC ) (P D) C C . No.112/03.10.001/2019-20 dated June 24,
2020 issued by the Reserve Bank of India; and
q. 'T&C' will have the meaning as set out in clause 2.5 of this Agreement
2. Interpretation:
In this Agreement unless the context otherwise requires, the following rules of interpretation
will apply:
i. apart from the terms defined in C lause 1.1 above, any other terms defined
elsewhere in this Agreement, shall have the meanings assigned to them thereunder;
ii. references in the singular shall include references in the plural and vice versa;
iii. words importing the singular include the plural & vice versa and a gender includes all
genders;
iv. a reference to a document includes the document as modified from time to time
and any document replacing it;
v. the word 'person' includes natural person and a body corporate or entity whether
incorporated or not;
vi. any capitalized term not defined herein above shall have the meaning as may be
ascribed to it in the relevant clause;
vii. references to the word ‘includes’ or ‘including’ are to be construed without limitation;
viii. reference to ‘clause’ or ‘schedule’ will mean and refer to clause or schedule of this
Agreement;
ix. a reference to a legislation or to a provision of legislation includes a modification or
re-enactment of it, a legislative provision substituted for it and a regulation or
statutory instrument issued under it;
x. a reference to writing includes a facsimile or electronic transmission and any means
of reproducing words in a tangible and permanently visible form, the receipt of which
is confirmed by the recipient or through any other customary method;
xi. whenever provision is made for the giving of notice, approval or consent under this
Agreement, unless otherwise specified, such notice, approval or consent shall be in
writing and the words ‘notify’, ‘approved’ and ‘consent’ shall be construed
accordingly;
xii. the headings in this Agreement are for convenience only and shall not affect its
interpretation; and
xiii. In the event of any disagreement or dispute between the Financing P artner and the
C ustomer regarding the occurrence of an Event of Default or the materiality of any
matter in relation to the Agreement, the determination of the Financing P artner in
this regard shall be final and binding on the C ustomer.
2. FA CILITY
1. Subject to the terms and conditions contained herein, the Financing P artner agrees to grant
an amount of Rs. to the C ustomer (“Facility”). The C ustomer shall be liable to pay an
interest as set out in Schedule 1 (‘Interest ’) on the Facility.
slice shall facilitate disbursal of the Facility and will maintain on the slice P ortal, a digital
account of the C ustomer which shall display the details of the Outstanding C redit Facility,
interest and principal due and other relevant details related to the C ustomer.
2. The Outstanding C redit Facility will be paid in equated monthly instalments as set out in
Schedule 1 (“EMI”).
3. At the request of the C ustomer, the Facility amount will be used for funding transaction as
set in Order ID No. SC 003324910575 on the slice P ortal.
4. The details of the Facility, Interest, EMI and all the key terms is set out in Schedule 1. In
addition, the C ustomer can also access to this information on the slice P ortal.
5. In addition to this Agreement, the C ustomer also agrees to be bound by the General Terms
and C onditions (please refer to https://www.sliceit.com/terms ) (“T&C”) and the Sanction
Letter. This Agreement and the Sanction Letter sets out the key terms and conditions
governing the Facility taken by the C ustomer. Notwithstanding anything contained in this
Agreement, the Financing P artner and/or slice reserve the right to amend any of the terms
as set out in Schedule 1 to this Agreement. In case of any change to this Agreement, the
same will also be separately communicated to the C ustomer on his Email ID or through the
slice P ortal. The C ustomer agrees that these changes will be binding on C ustomer in case
C ustomer chooses to continue undertaking transactions using slice (whether through slice
P ortal or otherwise) after the date of intimation of such changes to the C ustomer or if the
C ustomer agrees to such changes on the Slice P ortal. Any changes to the terms of
applicable to the Facility shall only be effective prospectively.
6. Notwithstanding the foregoing, after execution of this Agreement but prior to disbursal of
the Facility to the C ustomer, in the event slice and / or the Financing P artner are of the
opinion that it is not advisable to extend the Facility to the C ustomer for any reason
whatsoever, both slice and the Financing P artner reserve the right to cancel this Agreement
forthwith by notifying the C ustomer to that effect.
7. The C ustomer agrees to repay the Outstanding C redit Facility in the manner as set out in this
Agreement. Notwithstanding the foregoing, the C ustomer may make part or full
prepayment of the credit Facility at any point in time.
8. slice Portal Charges
i. The C ustomer agrees and acknowledges that in consideration of the services being
provided by slice, the C ustomer will be liable to the following charges/penalties:
a. Processing Fees - In consideration of the services to be provided by slice
to the C ustomer in relation to the Facility, service fees will be charged onto
the C ustomer and shall form part of the EMI (" Processing Fee"). The
details of the current applicable P rocessing Fee is set out in Schedule 1 to
this Agreement.
b. A dditional Charges - In addition to the P rocessing Fees, slice may choose
to levy additional charges. The details of the current applicable Additional
C harges is set out in Schedule 1 to this Agreement
c. Penalty Charges- In the event of delay by the C ustomer in repaying any
of the EMI, the C ustomer will pay to slice, a default charge as set out in
Schedule 1 to this Agreement(" Penalty Charges")
d. Prepayment Charges- The C ustomer may prepay all or part of the
Outstanding C redit Facility. The details of the current applicable prepayment
charges is as set out in Schedule 1 to this Agreement.
ii. The C ustomer understands and acknowledges that the P rocessing Fee, Additional
C harges and P enalty C harges shall be paid to and collected by slice which is a distinct
and separate entity from the Financing P artner.
1. The C ustomer agrees to pay the monthly EMI, on or before the due date(s), as set out in
Schedule 1.
2. All payments due under any provision of this Agreement shall be either debited from the
Registered Bank Account of the C ustomer or paid by using a payment gateway or as may
be informed by slice.
3. Any payments made by the C ustomer under this Agreement shall be appropriated in the
following manner:
1. firstly, towards costs, charges, expenses and other monies payable to slice;
2. secondly, towards penalty, if any, levied on the C ustomer in terms of this
Agreement by the Financing P artner;
3. thirdly, towards applicable interest due and payable to the Financing P artner;
4. fourthly, towards costs, charges, expenses and other money payable to the
Financing P artner (if any); and
5. lastly, towards repayment of the principal amount due and payable to the Financing
P artner.
4. All payments of Outstanding C redit Facility due under this Agreement shall be made without
deduction for or on account of any taxes and other charges.
5. In the event of delay by the C ustomer in repaying any of the EMI, the C ustomer will pay to
the Financing P artner, additional interest ("Extra Interest for Delay "), calculated in the
manner set out in Schedule 1 to this Agreement.
6. The C ustomer acknowledges that any delay or default in payment of any amount due and
payable under the Facility might adversely affect the C ustomer’s credit score. The C ustomer
further acknowledges that the Facility might be classified in the Lender’s books as a special
mention account (SMA) if any amount due and payable thereunder is overdue.
For example, if any principle, interest, or any other amount is scheduled to be paid on the
31st day of a given month ("Scheduled Date") and such amount is not fully paid on or
before such day, then the relevant loan account will be classified as SMA-0 as of such day. If
the overdue continues for more than 30 days from the Scheduled Date upto 60 days from
the Scheduled Date, then the account will be classified as SMA-1. If the overdue continues
for more than 60 days from the Scheduled Date upto 90 days from the Scheduled Date,
then the account will be classified as SMA-2. If the overdue continues for more than 90 days
from the Scheduled Date, then the account will be classified as Non-P erforming Asset (NPA).
Once a loan is classified as a NPA, it shall remain as such till the time all overdue amounts are
paid.
Illustration:
Scheduled Date: March 31, 2021
Date of
Classification Condition for classification
classification
SMA -1 April 30, If any amount remains overdue for more than 30 days
2021 from the Scheduled Date.
SMA-2 May 30, If any amount remains overdue for more than 60 days
2021 from the Scheduled Date.
NPA June 29, If any amount remains overdue for more than 90 days
2021 from the Scheduled Date.
i. The C ustomer shall, at all times during the term of this Agreement comply with the terms of
this Agreement, T& C and the Sanction Letter.
ii. The C ustomer covenants that it shall execute all such deeds, documents and assurances and
do all such acts and things as the Financing P artner may require for exercising its rights under
this Agreement, T& C and the Sanction Letter.
iii. The C ustomer shall duly comply with all Applicable Laws in performing its obligations under
this Agreement.
The C ustomer hereby represents the following to the Financing P artner, on the basis of which the
Financing P artner has agreed to make available the Facility to the C ustomer:-
i. he/she is above 18 years of age and this Agreement is a legal, valid and binding obligation on
him/her, enforceable against him/her in accordance with its terms;
ii. he/she has disclosed all the necessary information to and shared all relevant documents
during the risk assessment process conducted for onboarding the C ustomer onto the slice
P ortal;
iii. he/she will not use the Facility for undertaking illegal or immoral activities;
iv. he/she has not withheld any information or document during the risk assessment process
conducted by slice which could be reasonably expected to affect the decision of the Financing
P artner to extend the Facility; and
v. he/she will do all acts, deeds and things, as required by the Financing P artner / slice to give
effect to the terms of this Agreement.
The C ustomer agrees that the Financing P artner and/or slice (as applicable) shall be entitled to an
injunction, restraining order, right for recovery, suit for specific performance or such other equitable
relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the
C ustomer or any other party from committing any violation or enforce the performance of the
covenants, representations, warranties and obligations contained in this Agreement. These injunctive
remedies are cumulative and are in addition to any other rights and remedies the Financing P artner
and/or slice (as applicable) may have at Applicable Law or in equity, including without limitation a right
for damages. The P arties recognize that damages in alternative to or in lieu of specific performance
shall not be an adequate remedy and the P arties shall be entitled to specific performance of this
Agreement.
This Agreement shall be governed by and construed in accordance with the laws of India and the
courts at Bengaluru will have the exclusive jurisdiction to settle any disputes which may arise out of or
in connection with this Agreement including a dispute regarding the existence, validity or termination
of this Agreement.
9. OTHER REMEDIES
The rights and remedies conferred upon the Financing P artner and slice under this Agreement shall
not prejudice any other rights or remedies to which the Financing P artner/slice may, independently of
this Agreement, be entitled
Notwithstanding any discharge, release or settlement from time to time between the Financing
P artner and the C ustomer, if any discharge or payment in respect of the Outstanding C redit Facility
amount by the C ustomer or any other person is avoided or set aside or ordered to be surrendered,
paid away, refunded or reduced by virtue of any provision, Applicable Law for the time being in force
or for any other reason, the Financing P artner shall be entitled hereinafter to enforce this Agreement
as if no such discharge, release or settlement had occurred.
This Agreement shall be effective on and from the Effective Date and shall be in force till all
Outstanding C redit Facility amounts have been fully discharged by the C ustomer to the satisfaction
of the Financing P artner and slice.
If for any reason whatsoever, any provision of this Agreement is or becomes, or is declared by a
court of competent jurisdiction to be, invalid, illegal or unenforceable, such provision will be interpreted
in a manner compliant with the Applicable Laws and leave the P arties in the same or nearly similar
position to that which prevailed prior to such invalidity, illegality or unenforceability. In this regard, slice
will inform of the revised provision and the same will be binding on the C ustomer.
13. WA IV ER
No delay or omission of the Financing P artner/slice in exercising any right, power or remedy accruing
to the Financing P artner/slice upon any default hereunder shall impair any such right, power or
remedy or be construed to be a waiver thereof or any acquiescence in such default, nor shall the
action or inaction of the Financing P artner/slice in respect of any default or any acquiescence by it in
any default affect or impair any right power or remedy of the Financing P artner/slice in respect of
any other defaults nor shall any single or partial exercise of any such right, power or remedy preclude
any further exercise thereof or the exercise of any other right, power or remedy. The rights and
remedies of the Financing P artner/slice herein provided are cumulative and not exclusive of any rights
or remedies provided by Applicable Law or equity. A waiver or consent granted by the Financing
P artner/slice under this Agreement will be effective only if given in writing and only in the specific
instance and for the purpose for which it is given.
14. CONSTRUCTION
The provisions contained herein shall be read in conjunction with the provisions of the Sanction Letter
and T& C (as amended from time to time), and to the extent of any inconsistency or repugnancy,
this Agreement shall prevail to all intents and purposes. It is clarified that the T& C and Sanction
Letter will form part and parcel of this Agreement.
The provisions of the Agreement which by the nature survives the expiry or termination of this
Agreement, shall survive such expiry of termination of this Agreement.
16. MODIFICATION
Except as contemplated in C lause 2.5, all amendments or supplements to the terms of this
Agreement can be made only by the P arties in writing.
The P arties hereby agree that this Agreement, T& C and the Sanction Letter constitute and contain
the entire arrangement and understanding between the P arties with respect to the subject matter
hereof and supersedes all previous communications, negotiations, agreements, contracts, deeds,
memorandum of understanding commitments, either oral or written between the P arties respecting
the subject matter hereof. In case of any conflict between this Agreement and the Sanction Letter,
the provisions of this Agreement will prevail.
Nothing in this Agreement, whether express or implied, shall be construed to give to any person
other than the Financing P artner and slice any legal or equitable right, remedy or claim under or in
respect of this Agreement.
The stamp duty charges applicable on this Agreement shall be borne solely by the C ustomer. The
C ustomer will also bear any penalties and costs which may be levied for non-payment of stamp duty.
20. A SSIGNMENT
This Agreement shall be binding upon the P arties and their successors and permitted assigns. The
Financing P artner and slice may freely assign this Agreement and their respective rights and
obligations hereunder without prior consent of or intimation to the C ustomer. However, the
C ustomer may not assign or transfer its rights or obligations hereunder without the prior written
consent of the Financing P artner and slice.
21. NOTICE
Any Notice, request or other communication to be made under this Agreement to the P arties shall be
in writing. Any Notice issued to C ustomer on the slice P ortal or otherwise any message issued to the
C ustomer on his/her mobile phone or Email Id will be deemed to be a Notice for the purposes of this
Agreement.
All the provisions in this Agreement are subject to the provisions of the Applicable Laws and any
directions issued by the Reserve Bank of India from time to time.
23. A UTHENTICATION
This is a system generated document and does not require any physical signatures. By clicking “I
accept”, the C ustomer electronically signs and agrees to be bound by the terms of this Agreement.
In case of any grievance against the Financing P artner, the C ustomer may seek redressal of such
grievance by following the grievance redressal mechanism as set out in Schedule 2 below
Schedule 1
Key Terms of the Facility
1. Facility Rs.
Rs. 78.14
3. Interest
Amount
4. P rocessing Nil
Fees
(Inclusive of
GST)
[Facility
Amount+
Interest
Amount
+P rocessing
Fees]
6. Total 3
Number of
EMI
[
Outstanding
C redit
Facility]/Total
Number of
EMI]
9. Extra Electronic Gift Vouchers- The Extra Interest for Delay will be levied
Interest for @ 36% p.a. for each day of delay by the C ustomer in making payment
Delay of the outstanding amount.
0 - 500 0
501 - 2000 15
2001 - 10000 40
Schedule 2
In case of any grievances against DMI Finance P rivate Limited (the "Company"), or any person acting on its
behalf, you may reach out to our representatives below at any time between 10.00 am and 6.00 pm Monday
to Friday except public holidays.
C ustomers are requested to address all their grievances at the first instance to the Grievance Redressal
Officer. The contact details of the Grievance Redressal Officer are as provided below.
The Grievance Redressal Officer may be reached on the toll-free number provided above anytime
between 10:00 am and 6:00 pm on weekdays except pubic holidays or through the e-mail address above.
The Grievance Redressal Officer shall endeavour to resolve the grievance within a period of fifteen days
from the date of receipt of a grievance.
2. Nodal Officer
If the customer does not receive a response from the Grievance Redressal Officer within 15 days of
making a representation, or if the customer is not satisfied with the response received from the Grievance
Redressal Officer, the customer may reach the Nodal Officer on the toll free number below anytime
between 10:00am and 6:00 pm on weekdays except public holidays or write to the Nodal Officer at the e-
mail address below. The contact details of our Nodal Officer are provided below.
Nodal Officer
Address: Express Building, 3rdFloor, 9-10, Bahadur Shah Zafar Marg New Delhi-110002
Toll free number:
Email ID:
3. Complaints to Ombudsman
In case the customer does not receive a response from the Grievance Redressal Officer or the Nodal
Officer within one month from the date of making a representation to the Lender, or if the customer is not
satisfied with the response so received, a complaint may be made in accordance with the ‘The
Ombudsman Scheme for Non-Banking Financial C ompanies, 2018’ (“Ombudsman Scheme”) to the
Ombudsman in whose jurisdiction the office of the Lender complained against, is located. For contact
details of the Ombudsman and for salient features of the Ombudsman Scheme, please refer to Annexure
- A of the Fair P ractices C ode adopted by the Lender and available on our website www.dmifinance.in. A
copy of the Ombudsman Scheme is available on the website of the Reserve Bank of India at
www.rbi.org.in and also with our Nodal Officer.
IN WITNESS WHEREOF, the P arties have entered into this Agreement on the day and year first above
written:
Signed and delivered for and on behalf of DMI Finance P rivate Limited
This is a system generated document and has been digitally confirmed and accepted by all parties. Hence no
physical signatures are required.
Signed and delivered for and on behalf of Garagepreneurs Internet P rivate Limited
This is a system generated document and has been digitally confirmed and accepted by all parties. Hence no
physical signatures are required.
This is a system generated document and has been digitally confirmed and accepted by all parties. Hence no
physical signatures are required.