These terms and conditions shall be applicable to the Services provided by the DMA. DMA hereby agrees and accepts the Terms and Conditions by affixing his/her signature in the Application Form and accepts that the Application Form together with the Terms and Conditions constitutes the binding agreement between the DMA and ICICI Home Finance Company Limited (“ICICI HFC”) in connection with the Services.

1. Definitions: For the purpose of the Terms and Conditions, unless there is anything repugnant to the subject or context thereof, the expression listed below shall have the following meaning:

    a. “Leads or Potential Customers” shall mean customers who are interested in ICICI HFC Products (hereinafter defined) and have expressly expressed their intention to the DMA for being contacted by ICICI HFC for the purpose of availing any of the HFC Products;

    b. “ICICI HFC Products” shall mean financial assistance for the purchase of mortgage loans to the Potential Customers or Leads offered by ICICI HFC.

    c. “DMA” shall mean and include any individual or any entity as mentioned in the application form and as appointed by ICICI HFC for performing the Services as laid down below.

    d. “Services” shall have the meaning defined in Paragraph 4 below.

2. Appointment: At the request of the DMA, the DMA has been appointed by ICICI HFC for providing/performing the Services subject to the terms and conditions set out herein.

3. General :

    a. DMA hereby agrees and accepts the terms and conditions by affixing his/her signature in the Application form and accepts that the Application Form together with the terms and conditions constitutes the binding agreement between the DMA and ICICI HFC in connection with the Services.

    b. DMA is responsible for the accuracy of all the information provided at the time of appointment and shall keep ICICI HFC updated on communication address, contact number and such other details as required to the satisfaction of ICICI HFC.

    c. ICICI HFC shall at its sole discretion accept/ reject the application of the DMA.

4. DMA :

    a. Subject to these terms and conditions, DMA shall from time to time provide the Services of referring Potential Customers or Leads to ICICI HFC who are interested in ICICI HFC Products.

    b. While providing the Services (as referred to in point (a) above), DMA shall:

        i. Identifying a Potential Customer who is interested/desires to avail mortgage loan offered by ICICI HFC or any other loans offered and recommended by ICICI HFC.

        ii. Procuring detailed requirements of the Potential Customers like Name, Contact details, requirement of the customer etc. or any other information required by ICICI HFC.

        iii. After procuring all the details of the Potential Customer, handing over the details of the Potential Customer to the sales manager of ICICI HFC

        iv. The DMA shall also provide such other services as may be agreed to by the DMA and ICICI HFC upon such terms and conditions and charges as may be stipulated by ICICI HFC in writing.

    c. ICICI HFC, in its sole discretion, shall have the option to enter into, or decline to enter into an agreement with any Potential Customer.

    d. If (a) such Potential Customer has (i) not previously entered into an agreement with ICICI HFC; (ii) not previously been referred or introduced to ICICI HFC in writing by any other person; and (iii) not previously been documented as a customer and (b) ICICI HFC enters into an agreement with any such Potential Customer, upon such terms and conditions acceptable solely to ICICI HFC and of such Potential Customer being referred to ICICI HFC by DMA, such Potential Customer shall be considered a “Customer” and ICICI HFC shall pay a fee to DMA as set forth.

    e. In the event a DMA of a Potential Customer is disputed among one or more DMA, the DMA or other persons, ICICI HFC at its sole discretion shall determine which party, based solely upon who first provided information of such Potential Customer and is entitled to a fee if any, with respect to such Potential Customer.

5. Payment of Referral Fee :

    a. DMA shall generate and provide Leads for ICICI HFC products in consideration of the payment of sourcing fee as mutually agreed between both the parties. ICICI HFC agrees that the DMA shall be entitled to sourcing fees only in the event the Potential Customers are directly forwarded to ICICI HFC and such Potential Customers have availed loan from ICICI HFC.

    b. All payouts shall inclusive of taxes and shall be subject to applicable tax laws.

6. Representations, Warranties and Covenants :  DMA hereby represents, warranties and covenants as follows:

    a. DMA hereby represents that, they shall solely be responsible for proper performance of the Services provided by them and its employee’s.

    b. DMA shall not violate any proprietary rights of ICICI HFC and/or any third party.

    c. DMA or any of its representatives shall not display the logo of ICICI HFC on his visiting card or any other place without the prior written consent of ICICI HFC.

    d. The DMA shall not at any time release any advertisements either in newspapers, magazines, booklets, pamphlets etc. or any other manner by using the name of ICICI HFC or its trademark or logo or label without prior written consent of ICICI HFC.

    e. DMAs shall not take any activity contrary to the interest of ICICI HFC in any manner.

    f.  DMAs hereby declares that there are no criminal proceedings pending against them.

    g. DMA shall comply with and abide by all labor enactment, rules, authorizations and other applicable laws.

    h. DMA shall keep complete records of all operations, expenses incurred etc. in connection with the Services provided.

    I. In the event ICICI HFC is required to pay any supervisory or other fee or penalty imposed or levied by any authority in connection with the Services, the DMA agrees to reimburse the same to ICICI HFC.

    j.  DMA shall not subcontract any of its responsibilities contained herein to any sub-agent or sub-contractor without prior written permission of ICICI HFC.

    k. Except to the extent disclosed to ICICI HFC in writing- no litigation, arbitration, administrative or other proceedings by government, government authority, official or entity are pending or threatened against the DMA or its assets.

    l. DMA has not taken any action/ other steps/ legal proceedings started by or against it any court of law/ other authorities for its insolvency, bankruptcy, winding up, dissolution or for the appointment of a receiver, administrator, administrative receiver, trustee or similar officer of DMA.

    m. DMA shall comply with the applicable laws in relation to the ‘do not call registry’.

    n. DMA shall not conduct its business which is inconsistent with the overall strategic goals as indicated by ICICI HFC in relation to the Services.

    o. ICICI HFC shall have a paramount charge, lien and right of set off on all monies payable, to the DMA or standing credit of the DMA or any of the affiliates of ICICI HFC against all or any sums which the DMA is liable to pay under this arrangement entered into between the DMA and ICICI HFC.

    p. DMA agrees that this clause (Representations, Warranties & Covenants shall stand true and correct during the entire tenure of the arrangement.

7. Termination

    a. ICICI HFC shall at its discretion terminate the Services of the DMA with immediate effect, with prior (30 days) notice and without assigning any reasons whatsoever.

    b. Notwithstanding anything herein contained, ICICI HFC may without any notice, terminate the agreement under any one or more of the following conditions:

        i. In the event of default, breach or deficiency by the DMA and/or any other relevant person (excluding ICICI HFC) in the performance of any of the Services;

        ii. Breach of any representation, warranty, declaration, or covenant has occurred;

        iii.  DMA and/or any of its personnel commits a fraud or cheats ICICI HFC and/or the potential customers of ICICI HFC in relation to the Services.

        iv. In the event the provision of the Services is/are in contravention of any law and regulations, as may be applicable from time to time, or industry practice, or performs acts or omission that would under the circumstances amount to objectionable service;

        v. If the DMA and/or any other relevant person does not meet, or fails to meet any of ICICI HFC’s criterion for engaging the DMA;

        vi.  The DMA has, or there is a reasonable apprehension that the DMA has become bankrupt or insolvent or the subject of proceedings under any bankruptcy or insolvency law, or is dissolved, or if the DMA has taken or suffered to be taken any action for its reorganization, liquidation or dissolution or insolvency or bankruptcy or if a receiver or liquidator has been appointed or allowed to be appointed of all or any part of the assets of the DMA or if an attachment or distraint has been levied on the DMA's assets or any part thereof or certificate proceedings have been taken or commenced for recovery of any dues from the DMA or if one or more judgements or decrees have been rendered or entered against the DMA and such judgements or decrees are not vacated, discharged or stayed for a period of 30 days, and such judgements or decrees involve in the aggregate, a liability which could have a Material Adverse Effect.

        vii.  It is or becomes unlawful for the DMA or any person including ICICI HFC to perform any of their respective obligations under this agreement.

    c.  The provisions of this clause shall not limit or restrict nor shall they preclude ICICI HFC from pursuing such further and other legal actions, against the DMA for any breach or non-compliance of the terms of this Agreement. All costs, charges and expenses incurred / paid by ICICI HFC and/or the potential customers of ICICI HFC on account of default by the DMA shall be reimbursed by the DMA to ICICI HFC.

    d.  In the event of termination of this Agreement, ICICI HFC shall be entitled to publicize such termination so as to ensure that its customers and/or potential customers do not continue to entertain the DMA. ICICI HFC shall also be entitled to share the details of the DMA with Indian Banks Association, NHB/RBI or any other person as may be required by applicable laws.

    e.  Termination of this Agreement shall not however affect any liabilities incurred by the DMA prior to the termination of the DMA Agreement.

8. Relationship and Non- Exclusivity :

    a.  DMA and its employees, agents and representatives shall perform all Services hereunder as an independent service provider on a non-exclusive basis and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of Principal and Agent or master and servant or, employer and employee between the DMA and ICICI HFC.

    b.  DMA and its employees, agents, personnel have no authority / right to bind ICICI HFC in any manner.

    c.  DMA shall not enter into any agreement with any contractor or sub-contractor in connection with the Services required to be provided by you under this arrangement without the prior written consent of ICICI HFC.

9. Confidentiality :

    a.  All tangible and intangible information obtained, developed or disclosed including all documents, data, papers, statements, any business/customer information, trade secrets and process of ICICI HFC relating to its business practices in connection with the performance of Services under this arrangement or otherwise, is deemed by ICICI HFC and shall be considered to be confidential and proprietary information of ICICI HFC (“Confidential Information”).

    b.  DMA shall ensure that Confidential Information is not used or permitted to be used in any manner without any authorization by ICICI HFC. The Confidential In formation will be safeguarded and the DMA will take all necessary action to protect it against misuse, loss, destruction, alterations or deletions thereof.

    c.  DMA shall ensure that all individuals assigned by you to provide Services under this arrangement, shall be made aware of the confidential nature of all such confidential information. You shall not be absolved from any liability that may arise as a consequence of breach of confidentiality either by you or any of your employee/s, individual/s, agent/s or representative/s. In case of termination of the Services, such Confidential Information shall be duly returned by the DMA to ICICI HFC.

10. Indemnification : DMA shall indemnify, defend and hold ICICI HFC (and all officers, directors, employees, DMA, and affiliates thereof) harmless from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities costs and expenses (including without limitation interest, penalties, and attorney’s fees and disbursements) which may at any time be suffered or incurred by, or be assessed against, any and all of them, directly or indirectly, on account of or in connection with: (i) such default under any provision herein, breach of any representation or warranty herein, or failure in any way to perform obligation hereunder; or (ii) negligent acts or omissions or the willful misconduct of such party or its employees, DMA, contractors or invitees (iii) breach or leakage of any Confidential Information.

11. Limitation of Liability: Notwithstanding anything contained herein or in any other document: 

a.  Under no circumstances shall ICICI HFC be liable to the DMA or its employees for direct, indirect, incidental, consequential, special or exemplary damages arising from termination of the Services.

    b.  ICICI HFC shall not have the liability whatsoever in case of any third party claims, demands, suit, actions or other proceedings against the DMA or its personnel or any other person engaged by the DMA.

12.  Governing Laws and Dispute Resolution : These terms and conditions shall be governed by and construed in accordance with applicable Indian laws and the DMA agrees to submit to the exclusive jurisdiction of the courts of Mumbai.

13.  Miscellaneous

    a.  Notice : All notices given and requests made hereunder must be sent in writing and must be delivered or sent either by nationally recognized overnight courier, return receipt requested, postage prepaid. All notices to either ICICI HFC or the DMA shall be delivered to their respective addresses as listed. ICICI HFC or the DMA may change their address by notice delivered to the DMA and ICICI HFC respectively.

    b.  Successor and Assigns : Except as otherwise expressly provided, the obligations under the application form, terms and conditions and any other document shall be binding and benefit the successors and assigns of the parties hereto. DMA shall not assign their rights and obligations without the prior written consent of ICICI HFC.

    c.  The Terms and Conditions may be varied, amended or modified, in whole or in part, by ICICI HFC at any time without notice. The last amended version shall be available on www.icicihfc.com at all times.

I/We have read, understood and received the Terms and Conditions and unequivocally accept the same. Signature of Referral

To

ICICI Home Finance Company Ltd.(“ICICI HFC”)

ICICI HFC Tower, Andheri - Kurla Rd, S B Singh Colony, J B Nagar, Andheri East, Mumbai, Maharashtra 400059

I/We hereby declare that all the particulars and information provided by me in the application form for empanelment with ICICI HFC are true, correct, complete and upto date in all respects and that I/We have not withheld any information whatsoever.

I/We hereby confirm that I/We have no insolvency proceeding initiated against me/ us nor have I / We ever been adjudicated insolvent/bankrupt.

I/We hereby authorize ICICI HFC/ its Group Companies/ its Agents to make references and enquiries relevant in this regard which ICICI HFC/its Group Companies/ its Agents as considered necessary.

I/We agree and understand that ICICI HFC reserves the right to reject this empanelment application and that ICICI HFC shall not be responsible /liable in any manner whatsoever to me/us for such rejection and that ICICI HFC shall not be liable for any costs, losses, damages or expenses or other consequences, caused by reason of such rejection, or any delay in notifying me/us of such rejection for our empanelment application.

I/We hereby agree and authorize ICICI HFC/its group Companies and their agents to exchange, share or part with all the information, data or document in relation to my empanelment including but not limited to the credit repayment, history or any default( if any) committed by me/ us to ICICI group Companies, other banks, financial institutions, credit bureaus, agencies, statutory bodies or such other person as ICICI HFC/its group Companies may deem necessary or appropriate as may be required for use of the said information or data by such person(s) or furnishing of the processed information/data/products thereof to the banks, financial institutions, credit providers or users registered with such persons as required under applicable laws/statutes or to provide services to the customers for the products availed by them and shall not hold ICICI HFC/its group Companies/their agents liable for use of this information.

I/We authorize ICICI HFC to exchange, share or part with all information/ data provided herein including personal and business information with ICICI group companies/other institutions/such other person as may be necessary/ required for the purpose of, including but not limited to, marketing, cross selling of various products and services etc. to me/us, use or process the aforesaid information/data by such person/s, or furnishing of the processed information /data/products thereof to ICICI group companies/other banks/institutions/other persons as may be necessary and I/we shall not hold ICICI HFC liable in connection with the use of such information.

Date:

Place:

Signature of DMA/DSA 

 Code of Conduct

The Code of Conduct to be followed by DSA and its employees for marketing and distribution of loan and other financial product or services on behalf of IHFC to existing and prospective customer is outlined below:

I. Norms for Tele-calling to Customer

Tele-calling

A customer may be contacted for sourcing IHFC product or service only:

1. When the customer has expressed his desire to take loan or any other financial product of IHFC through website or call centre or branch or has been referred by an existing or prospective customer or is existing customer and has agreed to accept calls of intermediaries of IHFC.

2. When the contact details of the customer are available with IHFC or its intermediaries and the same is available with the consent of the customer.

Before contacting, the DSA should ensure that the data base of the customer to be contacted is washed against TRAI's “Do Not Call” registry.

Time of Tele-calling

Call to the customers should be made only at the time when it is not expected to cause any inconvenience or at the time specifically mentioned by the customer. The ideal time to be followed by the intermediaries of IHFC would be between 0930 hrs to 1900 hrs.

Customer’s Privacy

The information sought by the customer on the products or services of IHFC should be discussed with the customer only. Information about the interest of the customer or discussion about the product, in the absence of the customer, may be discussed only with the person authorized by the customer.

Leaving Messages

Call for the product of IHFC should be made to the customer only. In case the customer is not available or is not able to attend the call, a message may be left for the customer. The message must indicate the purpose of call with a request to the customer to call back or asking for a convenient time to call again.

Example:

Please leave a message that Mr./Ms.******** (name of officer) from ICICI Home Finance had called for ************ and requested you to call back on Telephone No. **********.

No misleading statements / misrepresentations permitted

The intermediaries should not:

1. mislead the customer about the product and services offered;

2. mislead the customer about the organization or the business carried on by the organization or falsely represent themselves;

3. make false or unauthorised commitment to the customer on behalf of IHFC.

Telemarketing Etiquette Pre

Call

1. Call to the customer should not be made prior to 0930 hrs or post 1900 hrs unless specifically authorised by the customer

2. The databases of the customer to be contacted is washed against TRAI's “Do Not Call” registry.

3. List of the customer to be contacted should be cleared by the Team Leader

4. No serial or continuous dialing to the customer.

During Call

1. Identify yourself, your company and your principal

2. Request permission to proceed

3. If denied permission, apologise and politely disconnect

4. State reason for your call

5. Always offer to call back on landline, if call is made to a cell number

6. Never interrupt or argue

7. To the extent possible, talk in the language which is most comfortable to the customer

8. Keep the conversation limited to business matters

9. Check for understanding of “Most Important Terms and Conditions” by the customer if he plans to buy the product

10. Reconfirm next call or next visit details

11. Provide your telephone number, your supervisor’s name or the IHFC’s officer’s contact details if asked for by the customer

12. Thank the customer for his /her time.

Post Call

1. Advise customer to contact the Customer Service Staff of IHFC.

II. Gifts or Bribes

Intermediaries / Employees of intermediaries should not accept gift or bribe from the customer either in cash or kind in consideration of product offered or services rendered to the customer. Any attempt by the customer to offer gift or bribe should be reported to the DSA / IHFC.

III. Appearance and Dress Code

Employees / representative of DSA should be decently dressed. For men:

1. Well ironed trousers

2. Well ironed shirts

3. Shirts sleeve buttoned down

For women:

1. Well ironed formal attire (Saree, Suit etc)

2. Well-groomed appearance (Jeans, T-Shirt, Open sandal are not considered appropriate)

IV. Precautions to be taken on visit / contact with customer

Employees / representatives of DSA should:

1. respect personal space – maintain adequate distance from the customer;

2. not enter the customer’s residence /office against his /her wishes;

3. not visit in large numbers, i.e. not more than one employee / representative of the DSA and one supervisor, if required;

4. respect the customer’s privacy;

5. if the customer is not present and only family members / office persons are present at the time of the visit, he /she should end the visit with a request for the customer to call back;

6. provide his /her telephone number, name of the supervisor or the concerned officer of the IHFC and contact details, if asked for by the customer; and

7. Limit discussions with the customer to the business – Maintain a professional distance.

V. Handling of Letter and other communication

Communication with the customer should only be in the mode and format approved by IHFC.