Merchant Terms and Conditions & User Agreement

This Merchant Terms and Conditions and User Agreement (“Agreement”) is entered into by Spark ITCS (“Company”) and the Merchant (“Merchant”) for the provision of mobile top-up services. By using the Company’s services, the Merchant agrees to abide by the terms outlined below.
1. Introduction
Spark ITCS is an Indian company providing mobile top-up aggregation services to merchants. The Company offers a mobile application through which Merchants can facilitate mobile recharges for their customers.
2. Definitions
Services: The mobile top-up services provided by the Company to the Merchant.
Merchant: The business entity authorized to use the Company’s services to provide mobile top-ups to its customers.
Customer: The end-user who receives the mobile top-up from the Merchant.
Credit Account: A pre-funded account maintained by the Merchant with the Company, from which the value of top-ups is deducted.
3. Merchant Obligations
The Merchant shall maintain a credit account with the Company. The Company will provide top-up credits, which the Merchant will use to facilitate recharges for Customers.
The Merchant is solely responsible for collecting payments from Customers for each top-up transaction.
Once the allocated credit is exhausted, the Merchant must replenish their account by making payments to the Company.
The Merchant must comply with all local rules and regulations applicable to mobile top-up services.
Spark ITCS shall not be liable for any non-compliance of the service due to local regulations.
The Merchant must not misuse the services for fraudulent, illegal, or unauthorized transactions.
4. Company’s Obligations
The Company will provide the Merchant with access to the mobile top-up application and allocate top-up credits as per agreed terms.
The Company will offer reasonable support for issues related to the application and top-up processing.
The Company will process transactions through its network of mobile operators but does not guarantee service uptime, as it is dependent on third-party providers.
5. Payment and Fees
The Company will allocate top-up credits to the Merchant’s account as per agreed terms.
The Merchant must replenish their credit account by making payments to the Company when required.
Fees, commission structures, and any other charges shall be agreed prior to the use of the application with the Company.
6. Limitation of Liability
The Merchant agrees that the maximum liability of Spark ITCS in case of any dispute, error, or failure shall be limited to the value of the specific top-up transaction in question.
Spark ITCS is not responsible for losses, damages, or claims arising due to:
Service disruptions or failures caused by telecom operators or third-party providers.
Incorrect or unauthorized transactions performed by the Merchant.
Merchant’s non-compliance with local laws and regulations.
7. Termination
The Merchant may stop using the services at any time.
If the Merchant has any outstanding dues, they must be cleared before discontinuing the service.
The Company may suspend or terminate a Merchant’s access to the service at its discretion if there is misuse, fraud, or non-payment.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of India.
In case of any dispute, both parties shall attempt to resolve the matter amicably. If no resolution is reached, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the arbitration venue in Kottayam, India.
9. Amendments
Spark ITCS reserves the right to amend this Agreement. Any changes will be published on its website and in the terms section of the application. Continued use of the services after an amendment constitutes acceptance of the new terms.
10. Miscellaneous
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations.
Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision.
By using the Company’s services, the Merchant acknowledges that they have read, understood, and agreed to be bound by this Agreement