ADDITIONAL TERMS FOR 'CLEAR PAST DUES'
These terms and conditions (“Additional Terms”) are in addition to and not in derogation with CreditMantri’s terms and conditions available www.creditmantri.com/terms-and-conditions (“Primary Terms”), which Primary Terms are incorporated by reference, and deemed a part of these Additional Terms and shall apply in the event you subscribe to the ‘Clear Past Dues’,’CPD’ service offered by CreditMantri. Therefore, please read the Primary Terms along with these Additional Terms (collectively “the Terms”) for a comprehensive understanding of all the terms and conditions subject to which CreditMantri offers its services under the ‘CPD’ Order.
By submitting this Order document and clicking the box indicating acceptance of the Terms, you acknowledge and agree that you have read and understood the Terms as a whole and that the Primary Terms together with these Additional Terms form a legal and binding agreement between us. If you do not accept the Terms as a whole, do not click the box indicating your acceptance hereof. However, please note that you will not be able to submit this Order and we will not be able to provide you with the services under the ‘CPD’ Order unless you agree to accept and be bound by the Terms.
All capitalized terms used in these Additional Terms but not defined herein shall have the same meaning as defined under the Primary Terms.
1. Scope of Services:
- he details and scope of the services that will be provided to you under the ‘CPD’ Order (referred to as “this Order” in these Additional Terms) are available below.
- 1.1.1. The services under this Order are available on our website or through our mobile application where such mobile application is made available
- 1.1.2. All communication made under this Order shall be to your registered email ID and/or your registered mobile number
- 1.1.3. CreditMantri provides you with an online platform to communicate with your lender/creditor and assist in obtaining the dues to clear your past issues.
- 1.1.4. It is understood that the services under this Order does not contain any advice or recommendation or opinion of CreditMantri
- 2.1. All orders submitted by you are subject to acceptance by CreditMantri.
- 2.2. Acceptance of your order is subject to (i) you completing the Order document completely, with true and correct details; (ii) submission of all required documents and authorizations as requested by CreditMantri; and (iii) receipt of payment of all charges due for this Order.
- 2.3. Acceptance of your order will be signified by or commencement of the provision of the Services by CreditMantri, whichever is earlier.
- 3.1. The charges payable for this Order are available here.
- 3.2. Receipt of the entire charges, in advance, is a condition for the acceptance of your order. The charges paid are non-refundable.
- 3.3. CreditMantri may change the mode of payment that is acceptable to it from time to time.
- 4.1. The timelines for delivery of service under this Order as mentioned on the website are non-binding estimates based on CreditMantri’s prior experience. Factors beyond our control may affect the actual date of delivery of the services to you.
- 4.2. In the course of provision of the service under this Order, CreditMantri may require you to submit additional documents or details. Your prompt and accurate response to such requests will also affect the timelines for delivery.
- 4.3. You clearly understand that in case you do not provide necessary documentation to commence the services under this Order, within 30 days of informing you about the requirement through an email to your registered email ID, CreditMantri reserves the right to forfeit the fees paid by you and this agreement shall stand terminated or lapsed.
- 4.4. Further, CreditMantri may provide you with letter or email formats that would be required to be sent by you promptly to various lenders, if such lenders require so. You shall ensure that such emails and letters are sent promptly within 48 hours to such lender. Failure to do so or any delay is likely to result in delays or lapses in the service we provide you with.
- 5.1. To provide you with the services under this Order, you understand that CreditMantri requires your credit report and credit score maintained by CIC(s) in India. You therefore hereby agree to irrevocably authorize CreditMantri to apply for / request and receive your credit information report and credit rating from CICs in India. You agree to execute this authorization in such format as may be requested CreditMantri. You understand that the request for your credit report and credit score from CIC(s) will be recorded as an inquiry by the relevant CIC(s) and could impact your credit score.
- 5.2. You further hereby authorize CreditMantri to interface with, liaise and co-ordinate on your behalf with various lenders / creditors to facilitate the action approved by you for the closure of your identified credit accounts (“Closure Action”). Any credit account(s) may be added to the Closure Action only with the express agreement between you and CreditMantri and will entail additional fees. CreditMantri shall record such accounts you have chosen as part of the Closure Action and send you an electronic copy of such authorization in the form of a letter of authority (LOA). You hereby explicitly authorize CreditMantri to share a copy of the LOA to such lenders.
- 5.4. You hereby fully understand and acknowledge that CreditMantri is neither an authorised representative nor an agent of you and CreditMantri is merely an intermediary to help you to facilitate the process of coordinating clearing past dues and resolution with your lenders.
6. Additional Obligations and Limitations:
- 6.1. As part of the services under this Order, CreditMantri will interface with, liaise and co-ordinate on your behalf with various lenders / creditors to facilitate the Closure Order. CreditMantri does not however make any guarantees with respect to the outcome of its efforts with the lenders / creditors. You also understand and acknowledge that the time needed to procure an offer for closure of the credit accounts identified in the Closure Action from a bank or credit institution and for closure of the said credit accounts is unpredictable and is affected by several factors beyond CreditMantri’s control including but not limited to the age and balance that you owe your creditor(s), the willingness of individual creditors / lenders to consider reduction of dues, your financial position and availability of funds and you fulfilling your payment obligations as per the Closure Action in a timely manner. CreditMantri’s service is limited to making commercially reasonable efforts, during the term/tenure of this Order, to interface with, liaise and co-ordinate on your behalf with the lenders / creditors identified in the Closure Order to procure an offer for closure of the credit accounts identified in the Closure Action and to facilitate implementation of the Closure Action.
- 6.2. You understand and acknowledge that different lenders have different processes to authenticate and provide information. At times, lenders may require the request for information regarding your account or an authorization to share information with CreditMantri from your registered email directly. In such instances CreditMantri may send you preformatted emails or letters that you are required to promptly forward the same to the lender in the appropriate way recommended.
- 6.3. CreditMantri will provide you with the details of any offer for closure of your credit accounts identified in the Closure Action that may be made by the relevant lenders / creditors. CreditMantri will not accept any such offer for closure of your credit accounts without your approval. You have the absolute discretion to accept or reject any such offer. You are required to respond to the offer communicated to you by CreditMantri within forty-eight (48) hours of receiving such communication. Failure or delay to do so may result in the offer being withdrawn or rescinded and CreditMantri shall not be responsible for the same.
- 6.4. Any agreement for closure of your credit account(s) shall be between you and the respective lenders / creditors. CreditMantri will not be a party to such agreement and you understand that CreditMantri merely facilitates the same. Accordingly, you shall be solely responsible for ensuring that you honour the terms of your agreement with the respective bank or financial institution, including but not limited to making timely payments, and all costs and consequence of failing to do so shall be solely to your account. Further, if you fail to honour the terms of your agreement with a bank or financial institution or you make any payment to a creditor / lender other than as per the terms of the agreement, you shall be in breach of this agreement and CreditMantri may terminate this agreement by notice to you. On such termination, CreditMantri shall be deemed to have successfully completed delivery of the service to you under this Order on the date of such dishonor and you shall not be entitled to any refund of fees paid. Further, you understand and acknowledge that failure to make scheduled payments as per your agreement with a creditor / lender will also be a breach of your agreement with the said creditor/lender and your actions may be reported to credit agencies as late, delinquent, charged-off or past due. Your creditors/lenders may also raise the interest rate on your credit account and impose other penalties / late charges and accordingly, your account balance may continue to grow as the creditor(s) add accrued interest, late fees, over-limit fees and penalties to your account. CreditMantri shall not be responsible for any of these or other outcomes of your failure to comply with the terms of your credit account closure agreement with any of your creditors/lenders.
- 6.5. During the term/tenure of this Order, you agree and undertake to:
- 6.5.1. notify CreditMantri promptly of any additional creditor, co-signer or guarantor arrangement that is entered into in addition to any of the credit accounts included in the Closure Action;
- 6.5.2. forward all correspondence (including by email) received from your lenders / creditors to CreditMantri, including but not limited collection letters;
- 6.5.3. promptly refer any telephonic enquiries received from creditors/lenders to CreditMantri and provide CreditMantri with details of the creditor’s name, telephone number, name of the contact person and any further details that may be reasonably required by CreditMantri;
- 6.5.4. not create any new charges or encumbrance whatsoever to any account listed in the Closure Action;
- 6.5.5. not take any action that may adversely affect your credit worthiness or credit rating, including incur new debts, avail of fresh credit or open new credit card accounts. You may however retain and use one or more credit cards for emergency purposes, which shall not come under the purview of the Closure Action; and
- 6.5.6. promptly inform CreditMantri of any change to your financial position that could materially impact CreditMantri’s ability to negotiate the Closure Action with the creditors/lenders. Your failure to comply with any of the above could adversely impact the provision of services by CreditMantri under this Order and CreditMantri shall not be responsible for the same. If you fail to comply with any of the above, CreditMantri may terminate this agreement by way of a message to your registered email to you and on such termination, it shall be deemed to have completed performance of its services under this Order.
- 6.6. CreditMantri may present you with offers from appropriate third party lenders to provide loan facility. The grant of any loan facility to you will however be at the sole discretion of the third party lender and will be subject to you fulfilling such third party lender’s credit criteria and documentation requirements. CreditMantri merely presents third party lenders and shall not be responsible for the grant of / rejection of any loan facility and for any obligation you may undertake as per the terms your agreement with such third party lender(s).
- 6.7. Creditors/ lenders are likely to continue collection efforts for amounts owed to them during the term / tenure of this Order and CreditMantri is not responsible for any such independent action by your creditors / lenders.
- 6.8. In the event a creditor / lender pursues legal remedies against you for collection of credits owed to them, the service provided by CreditMantri under this Order does not include legal representation. You should seek independent legal advice as appropriate.
- 6.9. You understand that CreditMantri may receive a referral / facilitation / collection fee from third party banks / other credit institutions for (a) assisting with the settlement of outstanding amounts dues owed to them by you and / or (b) for referring their products / services to you and by accepting these Terms you confirm and agree that you have no objection to the same.
- 7.1. Unless otherwise terminated prior thereto in accordance with the Terms, the services under this Order shall commence on acceptance of your Order as mentioned above and shall be deemed completed at the end of 90 days of presenting to you the Resolution Details of the accounts listed in Closure Action or on successful implementation of the Closure Action, whichever is earlier.
- 7.1.1. For the purpose of this section Resolution Details shall mean:
- 184.108.40.206. With respect to an account dispute, acknowledgement from the CIC of lodging of such dispute
- 220.127.116.11. With respect to information on amount due for an overdue or delinquent account with a lender, providing you with details of such amount due to be paid to the lender for resolving such account
- 18.104.22.168. Where a lender requires a letter or an email from you directly, upon providing you with the format and details of emails to be sent to such lender.
- 8.1. You shall be eligible for any cancellation or refund only if CreditMantri has not commenced any service under this Order. In such cases, you shall raise a request in writing within first 7 days of making such payment for respective services under these Terms, providing the reason for cancelation and CreditMantri shall review the request and at its sole discretion approve a refund which shall not be more than 50% of such fees paid by you to this Order.
- 9.1. CreditMantri may modify these Terms from time to time and any changes will be notified to you through your registered email or upon such other forms of notification as may be deemed appropriate. Once you have received notice of any change in these Terms, any subsequent use of the Website or the Service will be deemed to constitute your acceptance of such modified / changed Terms.