Definitions

 MIDC refers to Maharashtra Industrial Development Corporation, a corporation constituted under the  Maharashtra Industrial Development Act, 1961 (Maharashtra Act No. 111 of 1962) and having its registered office at  Udyog Sarathi, Marol Industrial Area, Mahakali Caves Road, Andheri (E), Mumbai - 93.

 "Biller" refers to the person or entity with whom MIDC has an agreement for participation in the Service and who  presents to the User some or all the details of the bill through the Service and also accepts payments made by the  User through MIDC ;

 "Business Day" means Monday through Friday, excluding public holidays declared every year by the Corporation.

 "Due Date" refers to the date by which the Biller should receive the payment of the bill;

 "ECS" refers to the Electronic Clearing System (Debit Clearing) implemented by the National Clearing Center (NCC)   of the RBI, and of which Sponsor Bank is a registered user and sends Payment Instructions to and receives   payment from the User's Payment Account;

 "Last date for edit" refers to the date before which the User can choose to cancel/modify its Payment Instruction;

 "Payee" refers to the person or entity with whom MIDC has an agreement for participation in the Service and to   which person or entity the User instructs MIDC to make payment to;

 "Payment Account(s)" refers to any account/s of the User and/or of any third party for which a valid mandate has   been procured in accordance with the ECS guidelines, including the accounts maintained with any bank, from which   the User desires to make payment of the bill to the Biller/Payee;

 "Payment Date" refers to the date the Biller shall receive the payment of the bill;

 "Payment Instruction" refers to instructions given by the User through Website for effecting payment of the bill to   the Biller;

 "Service" refers to the electronic bill presentment and payment service offered by MIDC through any medium   including Internet, telephone or such other medium(s) through/by which MIDC may offer the Service ;

 "Sponsor Bank" refers to any bank acting as the sponsor bank under the ECS guidelines;

 "Submission Date" refers to the date on which the Payment Instructions are submitted by the User to MIDC ;

 "User" refers to a person or enterprise, duly authorised, , desirous of making payments to the Biller by availing of the   Service;

 "Website" refers to the website through which MIDC is offering the Service located at the URL www.midcindia.org or   other websites with whom MIDC may partner with from time to time.

 Terms and Conditions

  AUTHORITY
 It is hereby declared that the User has obtained all approvals or authorisations, whether internal or  external for  availing the Service offered herein.

 AUTHORITY TO DEBIT PAYMENT ACCOUNT

 For availing the Service, the User shall furnish to MIDC an unconditional irrevocable mandate, in the manner and form  prescribed by RBI under ECS Guidelines, designating the Payment Accounts from which it desires to effect the  payment as per the Payment Instructions that shall be given by it from time to time. The User shall submit a copy of  the ECS Mandate to its bank maintaining the Payment Account.
 For payment of the bills where the ECS mechanism is not used, the User undertakes to authorise MIDC, in such  manner and form, to debit its Payment Account for making payment of the bills, as prescribed by MIDC. The User  shall be obliged to intimate MIDC in writing regarding any changes with respect to its Payment Account.
 The User shall give the names of the Billers/Payees to whom it desires to make the payment through the Service.  Any additions or deletions to the list of Payees and Billers shall be communicated by the User in the form and  manner as indicated by MIDC on the Website or through any other medium or as may be mutually agreed between  the Parties.
 The User shall submit Payment Instructions to MIDC for making payments to the Billers/Payees. Submission of the  Payment Instructions shall amount to an irrevocable and unconditional authority to MIDC to debit the Payment  Account and make payment of the bill to the Biller/Payee. Payment Instruction received through the Website shall  supercede all earlier/simultaneous instructions/ authorisations /mandates given by the User in writing or otherwise.  The User shall submit Payment Instructions in respect of each bill payment or issue instructions to MIDC for making  recurring payment on arrival of bills to some or all the Payees/Billers.
 The User is responsible for the accuracy and authenticity of the Payment Instructions provided to MIDC and the  same shall be considered to be sufficient to effect the payment.

 SERVICE ACCESS

 The User or MIDC may specify a login name and a password or such other authentication procedure as  may be  prescribed by MIDC from time to time for availing the Service. The User shall change the password  as frequently  thereafter as possible as a safety measure. Each time User is desirous of accessing the  Service, the User shall  provide the login name and password, in the manner directed. MIDC shall have the  right to request the User for  further information for authentication of the User's bona fides and to use any  other information for authentication of  the User. The User shall be deemed to represent that it is the legal  and beneficial owner of, or, is authorised to deal  with the funds and property in the Payment Account  each time the User uses the Service and seeks information in  respect thereof.

 PASSWORD

1.  The User shall ensure that the Password and the secret phrase which can be used to generate a new Password in      case of loss of the earlier Password, are kept confidential, and to not let any unauthorised person have access to      the computer/other records where such information is stored.
2.  If the designated nominee forgets the Password and Login Name/secret phrase, the User may request for the      issue of a new Password through the Internet or through written communication to MIDC and this shall not be      construed as the commencement of a new contract.
3. The User agrees and acknowledges that MIDC shall in no way be held responsible or liable if the User incurs any     loss as a result of information being disclosed by MIDC regarding its Payment Accounts in the course of providing     the Service to the User and the User shall fully indemnify and hold harmless MIDC in that behalf.
4. The User shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not     disclosed to any person voluntarily, accidentally or by mistake. MIDC does not assume responsibility on his/her     behalf.

 HONOURING INSTRUCTIONS

 The Payment Instructions will be effected only after authentication of the User in accordance with the prescribed  procedure detailed hereinabove.
 MIDC shall submit to the Sponsor Bank the magnetic tape/floppy containing the Payment Instructions prepared by  MIDC for each settlement period under the ECS) to effect the Payment Instructions by debiting the Payment  Account.
 In case of payment through any mode other than through the ECS, the Payment Instructions shall be processed in  the manner as may be indicated by MIDC from time to time.
 If the Payment Date happens to be after the Due Date, the User shall be liable to pay the delayed payment charges  and/or for all other consequences as per the then existing policy of the Biller/Payee.
 MIDC shall incur no liability if it is unable to effect any Payment Instruction on the Payment Date because of the  existence of any one or more of the following circumstances:
1. If the Payment Account does not contain sufficient funds to cover for payment of the respective bill or the bill     amount exceeds the overdraft limit, if any, granted to the User.
2. If the funds available in the Payment Account are under any encumbrance or charge.
3. Name of Biller/Payee and/or details required for effecting the payment are not correctly provided by the User.
4. On account of delay on the part of the User in sending the Payment Instructions to MIDC, on the part of the paying     bank or at the NCC.
5. Due to refusal of the User's bank to honour the payment.
6. Circumstances beyond MIDC's control (such as, but not limited to, fire, flood, systems failure like computer     breakdown or problems with a telephone line due to an unforeseeable cause or interference from an outside force).
    However, if MIDC is unable to effect the Payment Instructions on/before the Payment Date for any reason other     than the reasons mentioned above and directly attributable to MIDC, the liability of MIDC shall be restricted to     delayed payment charges, if any subject to the maximum of such amounts which constitute the consideration     received by MIDC from the User as or towards the Services. . Under no circumstances, MIDC or its officers,     directors, employees or agents shall be liable for any indirect, incidental, consequential or punitive damages, or for     loss of profit, revenue, even if advised of the possibility of those damages except to the extent as mentioned above.
    MIDC shall have the right to refuse to comply with the Payment Instructions without assigning any reason and shall     not be under any duty to assess the prudence or otherwise of any instruction, and have the right to suspend the     operations of the Service if it has reason to believe that the Payment instructions will lead or expose to direct or     indirect loss or may require an indemnity from the User before continuing to operate the Service.

 CANCELING OR MODIFYING PAYMENT INSTRUCTIONS

 The User shall be entitled to cancel or modify the Payment Instructions in the manner provided by MIDC before the  Last date of edit unless otherwise required by the Biller or MIDC. MIDC shall not be held liable if it is unable to stop  or prevent the implementation of the initial Payment Instructions. MIDC shall at its discretion, with prior intimation to  the User, charge to the User for cancellation or modification of the initial Payment Instructions.

 FAILED PAYMENT INSTRUCTIONS

 In case the bill payment is not effected for any reason, MIDC shall intimate the User through the Internet about the  failed payment. The intimation shall be deemed to have been received by the User when the intimation enters the  secure mailbox of the User provided by MIDC. MIDC may, at its sole and absolute discretion, levy such penalty as it  deems fit.

 CHARGES/FEES

 MIDC reserves the right to charge and recover from the User fees for the Service rendered by debiting the Payment  Account or by sending a bill to the User for the amount of charges/fees. Such fees shall be as stated in the tariff  sheet of the registration form and shall be deducted from the User's Payment Account through ECS or in any other  manner as may be decided by MIDC, subject to the User's account with the Website getting activated. The User  shall not be liable to pay any amount as charges, fees or otherwise to the franchisee of MIDC. Failure to pay the  charges/fees on or before the specified date will render the User liable for payment of interest at such rate as may be  stipulated by MIDC and/or withdrawal of the Service without any liability to MIDC.

 RENEWAL OF FEES

 The User may renew the Service by intimating MIDC in the manner specified by MIDC and paying such amount as  stipulated by MIDC, in accordance with the prevailing rate at such time.

 ALTERATIONS AND AMENDMENTS

 MIDC has the absolute discretion to amend or supplement any of these terms at any time and will give prior notice for  such changes, wherever feasible. Such modified terms and conditions of the Service shall be communicated to the  User through the Internet or through any other medium as may be deemed fit by MIDC. By continuing use of the  Service, the User shall be deemed to have accepted the changed terms and conditions.
 

 NON-TRANSFERABILITY
 
 The Service provided to the User is not transferable under any circumstance and shall be used only by the User.  However, MIDC shall have the right to transfer, assign or sell all its rights under this Terms and conditions. The User  confirms and acknowledges that the mandate given by it in favour of MIDC shall continue to be in force and effect for  the benefit of the successors and assigns of MIDC. MIDC may sub-contract and employ agents to carry out any of  its obligations for providing the Service.

 ELECTRONIC DISCLOSURES

 MIDC is required to provide to the User with certain disclosures and notices which are mandated by various laws and  rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices  etc. The User agrees to receive all such disclosures and notifications electronically, which, in most cases, will be  done through the Internet or through any other medium as may be deemed fit by MIDC. If, for any reason, the User  does not wish to receive the disclosures electronically, the User may advise MIDC immediately. However, if the User  declines to receive the disclosures electronically, MIDC may choose to terminate the Service.
 The read-out, the faxed /email output or the printed output, if any, that is received by the User at the time of operation  of the Service is a record of the operation by the User. All the records of MIDC generated by the transactions arising  out of the use of the Service, including the time the transaction is recorded shall be conclusive proof of the  genuineness and accuracy of the transaction.
 MIDC shall have no liability or obligation to keep a record of the transactions carried through the Service and/or  provide information to the User or for verifying User's Payment Instructions, other than records required to be kept or  information required to be provided statutorily by MIDC.

 DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
 
 The User agrees that MIDC or its Sponsor Bank or its agents, representatives or contractors may hold and process  its personal information and all other information concerning its Payment Account on computer or otherwise in  connection with the Service as well as for analysis. The User also agrees that MIDC may disclose, in strict  confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not  limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive,  and for fraud prevention purposes.

 DISCLAIMER OF WARRANTY

 The bill details/copies presented through the Service are provided by the respective Billers/Payees. MIDC is only a  facilitator providing the Service and is not the creator or publisher, of the data contained in the bills. Any opinions,  statements, services, offers, or other information expressed or made available in the data, are those of the respective  author(s) or distributor(s) and MIDC does not guarantee the correctness or genuineness of the data.

 NO WAIVER

 MIDC shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing by  MIDC. No delay or omission on the part of MIDC in exercising any rights or remedies shall operate as a waiver of  such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a  bar or waiver of any rights or remedies on future occasions.

 LIABILITY OF THE USER AND MIDC
 
 MIDC shall not be liable for any unauthorized transactions occurring through the use of the Service and the User  hereby agrees to fully indemnify and hold MIDC harmless against any action, suit, proceeding initiated against it or  any loss, cost or damage incurred by it as a result thereof.
 Under no circumstances shall MIDC be liable for any damages whatsoever whether such damages are direct,  indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of  business or any loss of any character or nature whatsoever and whether sustained by the User or by any other  person. Illegal or improper use of the Service shall render the User liable for payment of financial charges as decided  by MIDC or will result in suspension of the Service .
 If due to the fault of MIDC an amount in excess of the bill amount as indicated in the Payment Instructions is debited  from the Payment Account, MIDC shall be responsible for reimbursing to the User to the extent of the amount so  wrongly debited.MIDC shall also have the right to demand from the Biller the amount of money so wrongly paid.

 INDEMNITY

 In consideration of MIDC providing the Service, the User hereby undertakes to indemnify and hold MIDC indemnified,  as the case may be, including both their officer, employees and agents, against all losses and expenses on full  indemnity basis which MIDC may incur, sustain, suffer or is likely to suffer in connection with MIDC's execution of the  User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and  expenses as a consequence or by reason of providing the Service for any action taken or omitted to be taken by  MIDC its officers, employees or agents, on the instructions of the User. The User will pay to MIDC such amount as  may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not  have arisen or are contingent in nature.

 TERMINATION OF THE SERVICE

 The User may request for termination of the Service any time by giving a written notice of at least one (1) month to  MIDC. The User shall remain responsible for all Payment Instructions given to MIDC prior to the termination date.  MIDC may withdraw or terminate the Service granted to the User anytime either entirely or with reference to a specific  service or use; or in case of breach of terms and conditions by the User without a prior notice; or if it learns of the  dissolution, winding up, bankruptcy of the User.
 

 NOTICES
 
 Notices under these terms may be given by MIDC and the User in writing by delivering them by hand/ by post to the  last known address given by the User and in the case of MIDC to the following address: Executive Engineer, MIDC,  Division No.II,Thane. In addition, MIDC may also send notices through the Internet or publish in the newspaper. Such  notices will have the same effect as a notice served individually to each User. Notices and instructions will be  deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through Internet or  facsimile(fax)
 .

 GOVERNING LAW
 
 These terms and conditions and/or the use of the Service shall be governed by the laws of India. The User and MIDC  agree to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters  arising under these terms and conditions. MIDC accepts no liability whatsoever, direct or indirect for non-compliance  with the laws of any country other than that of India. The mere fact that the Service is accessed by a User in a  country other than India does not imply that the laws of the said country govern these terms and conditions and/or  the operations in the accounts of the User and/or the use of the Service. The Service shall be further governed by the  guidelines issued by the RBI from time to time.
 

 PROPRIETARY RIGHTS
 
 The User acknowledges that the software underlying the Service as well as other Internet related software which are  required for accessing the Service are the legal property of the respective vendors. The permission given by MIDC to  use the Service will not convey any proprietary or ownership rights in the aforementioned software. The User shall not  attempt to modify, translate, disassemble, decompile or reverse engineer the software used in the Service or create  any derivative product based on the software.
 

 REPRESENTATION BY THE USER
 
 The User represents to MIDC (which representations will be deemed to be repeated by the User on each  date on  which a bill is sought to be paid using the Service) that:-
 (i) The User has the power to execute this Agreement and any other documentation relating to this      Agreement to  which it is a party, to deliver this Agreement and any other documentation relating to this      Agreement and to  perform its obligations under this Agreement and has taken all necessary action to      authorise such execution,  delivery and performance;
 (ii) It shall be the sole responsibility of the User to comply with all the internal approvals for executing this      Agreement as may be required;
 (iii)Such execution, delivery and performance does not violate or conflict with any law applicable to it,      any  provision of its constitutional documents, any order or judgment of any court or other agency of      government  applicable to it or any of its assets or any contractual restriction binding on or affecting it or      any of its assets;
 (iv)There is not pending or, to its knowledge, threatened against the User any action, suit or proceeding at      law or  in equity or before any court, tribunal, governmental body, agency or official or any arbitrator      that is likely to affect  the legality, validity or enforceability against it of this Agreement or its ability to      perform its obligations under this  Agreement;
 (v) All applicable information that is furnished in writing, by or on behalf of the User, to MIDC is, as of the     date of  the information, true, accurate and complete in every material respect.
 

 SPECIFIED TIMINGS

 The Service would operate during timings specified by MIDC. Any Payment Instruction received after the  specified  time on any day shall be deemed to have been received on the next Business Day.

 
 PRIVACY

 MIDC does not sell individual customer names, or non-public personal information to third parties. MIDC's official  Privacy Policy is posted on the Website.
 
 
 HEADINGS

 The clause headings are only for convenience and do not affect the meaning of the relative clause.