Collection Agency Agreement – BSNL
Page 1 of 15
AGREEMENT FOR COLLECTION SERVICES UNDER PROJECT “KUBER”
THIS AGREEMENT is signed on ___________ (Day, Date and Year) by and between BSNL,
a Company registered under the Companies Act 1956 having its registered office and
Corporate office at Bharat Sanchar Bhavan, Harish Chander Mathur Lane, Janpath, New Delhi,
Circle Office at ________________ and SSA at _________________, acting through
_______________________(SSA Head) (hereinafter referred to as BSNL which expression
shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include
its subsidiaries, successors and assigns) on the One Part
AND
Name and address of the Recovery agent/agency represented by its authorized
signatory (hereinafter referred to as “COLLECTION AGENCY” which expression shall unless
it be repugnant to the context or meaning thereof, be deemed to mean and include successors
and assigns) on the Other Part.
WHEREAS BSNL is desirous of appointing COLLECTION AGENCY to efficiently manage the
collection of the outstanding amount from its customers / subscribers against the bills.
Whereas BSNL invited bid vide tender No._____________________ dated_____________
for_____________________________
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. APPOINTMENT AND DURATION:
a.
BSNL hereby appoints COLLECTION AGENCY to collect outstanding dues [as per
list of outstanding dues, which shall become part of the Agreement and shall be modified and
delivered to Collection Agency from time to time in accordance with Clause 2 (b) of this
Agreement], from its subscribers hereinafter referred to as “Customers” who have not
b.
paid the outstanding dues against the bills raised by BSNL, on the below
mentioned terms and COLLECTION AGENCY in consideration provided herein,
hereby accepts this appointment and agrees to provide the said service under the
terms and conditions as set forth herein.
The parties herein agree that this agreement is valid for a period of one year, w.e.f
………………………., which may be extended, if service/performance of the
collection agency is found to be satisfactory, on mutual consent in writing.
2. SCOPE OF SERVICE AND RESPONSIBILITIES:
COLLECTION AGENCY hereby agrees and undertakes the following:
a) To provide BSNL with al the services as are necessary for, relevant to and in
connection with collection of outstanding amounts from its billed customers in
accordance with the terms of this agreement.
b) Upon receipt of list of customers duly signed by ___________ (insert name and
designation of Project Manager “Kuber”) which BSNL shall deliver to Collection Agency
(CA) from time to time or as specified in the agreement herein, showing amount
outstanding against them and after having verified the authenticity of the officer signing
the said letter/list, Collection Agency shall contact the said customer(s) with a view to
arrange for recovery of the said amount(s).
Collection Agency Agreement – BSNL
Page 2 of 15
c) While discharging its obligations hereunder, COLLECTION AGENCY will at all times,
act in a manner which is both legal and ethical and shall not do or attempt to do
anything which would be illegal or prejudice to the reputation of BSNL or make BSNL
liable in any manner whatsoever.
d) The authority given by BSNL to the COLLECTION AGENCY to collect the Due
amount from customers referred to in the said list shall automatically terminate on the
expiry of one month from the date the soft copy was issued, unless specifically
extended in writing by an authorized Officer of BSNL. It is clarified that the
COLLECTION AGENCY shall not use such expired lists for any reasons whatsoever
and shall indemnify BSNL from any liabilities, costs and damages arising out of the
use of the said expired list.
e) That all the collections shall be accepted through local cheques / demand drafts by
COLLECTION AGENCY and it shall ensure that the same shall be drawn in favour of
“BSNL “ only..
f) That all Cheques / Demand draft payments collected by COLLECTION AGENCY shall
be handed over to the Accounts Officer (Cash Collection) BSNL, on the next working
day of collection from the customer, along with a consolidated statement in the format
prescribed by BSNL, failing which a fine of Rs. 100/- (Rupees one hundred only) per
instrument for each day of delay shall be payable by the COLLECTION AGENCY.
g) COLLECTION AGENCY shall not at any time communicate anything in writing to the
customers regarding payment of due amount or on any other related matter.
h) That COLLECTION AGENCY in all interactions with customers or third parties, will
clearly indicate that COLLECTION AGENCY is acting on behalf of BSNL and further
that all payments must be made payable/drawn in favour of BSNL only.
i)
COLLECTION AGENCY shall keep separate books of accounts and detailed records
in relation to this arrangement and shall allow the Officers and authorized
representatives of BSNL, full access to these, whenever called for.
j)
COLLECTION AGENCY shall provide a detailed MIS on the progress made for
collection as required by BSNL
k) COLLECTION AGENCY shall not assign/transfer the job to any third party.
l)
COLLECTION AGENCY shall keep all papers, materials and information whatsoever,
provided by BSNL confidential and secure, which shall at all times remain the property
of BSNL.
m) BSNL shall create a helpline for customers to contact BSNL in case of any complaint.
Also sample audit shall be carried out to check that the collection agencies are
operating as per code of conduct.
3. RECOVERIES:
a.
COLLECTION AGENCY shall keep adequate staff for proper follow up of recovery
from number of accounts allocated.
b.
For the purposes of this Agreement, the status of the customers shall be treated as
collected / recovered, if any amount of the Due invoices has already been paid by
Collection Agency Agreement – BSNL
Page 3 of 15
the Customer before allocation of the particular outstanding to the Collection Agency
for recovery.
c.
Once authorization to collect the Due invoices have been withdrawn by BSNL
pursuant to the provisions herein or otherwise, then any payment received from any
customer by BSNL or COLLECTION AGENCY, shall not be subject to any payment
of compensation for services to COLLECTION AGENCY.
d.
However in the event of any Due account making payment to COLLECTION
AGENCY or any employees of COLLECTION AGENCY after the authorization to
collect has been withdrawn, COLLECTION AGENCY shall immediately hand over
such payments received to BSNL.
e.
In case of any default on the part of COLLECTION AGENCY in settlement of dues
recovered from Customers, BSNL shall have the right to set off, deduct or recover
such shortcomings from the professional fees and or charges/compensation
payable/ that may become payable to COLLECTION AGENCY.
4. REPRESENTATIONS AND WARRANTIES BY COLLECTION AGENCY
COLLECTION AGENCY hereby represents warrants and confirms that COLLECTION
AGENCY:
a.
Has the authority to enter and execute this Agreement, and during the continuance
of this Agreement, will continue to have authority to carry out and perform all its
duties and obligations as contemplated herein and has already taken and will
continue to take all necessary and further actions (including but without limitations of
obtaining necessary approval / consents in all applicable jurisdictions) to authorize
the execution, delivery and performance of this Agreement.
b.
Have the necessary expertise, competent human resources and sufficient
infrastructure to perform its obligations in accordance with the terms of this
Agreement and to the satisfaction of BSNL.
c.
On execution of this Agreement for providing professional services to BSNL, does
not and will not violate, breach and contravene the clauses of any Agreement
entered with any third parties by COLLECTION AGENCY.
d.
Has complied with and obtained necessary permissions / licenses / authorizations
under the applicable laws from the Central, State and local authorities and obtained
all required permissions / licenses for carrying out its obligation under this Agreement
and shall keep the same valid by renewing from time to time as required under the
Acts / Laws.
e.
Shall maintain all the registers and records that are necessary under the present
labour and all other enactments of the Country as applicable.
5. COLLECTION AGENCY COVENANTS
COLLECTION AGENCY hereby agrees, undertakes to perform as under:
a. To carry out its obligations and functions under this Agreement strictly in accordance
with all the guidelines including TRAI guidelines /Code of conduct as per Annexure
Collection Agency Agreement – BSNL
Page 4 of 15
‘B’ instructions, procedures, etc. (hereinafter referred to as “Guidelines”) prescribed
by BSNL in connection with this Agreement from time to time.
b. Any violation of the Code of conduct /guidelines, mentioned above or violation of any
obligation and terms, conditions of this agreement by Collection agency, will result in
forfeiture of the security deposit of the collection agency. Also the agency should be
barred from any future contracts with BSNL.
c. To immediately notify BSNL in writing of any event which may result in or which may
give reason to believe that there may be a work stoppage, slowdown, labour dispute,
strike, any labour disruption or other impediments or disruptions in the due
performance of the obligation of COLLECTION AGENCY under this Agreement.
COLLECTION AGENCY shall forthwith submit a report of the events resulting in
stoppage of work to BSNL. COLLECTION AGENCY agrees that notwithstanding
anything contained in this Agreement in the event of any of the eventualities
mentioned hereinabove BSNL shall have a right to terminate this Agreement by
giving five days notice to COLLECTION AGENCY.
d. Shall not at any time use or attempt to use BSNL’s name or logo for any purpose
including for the purpose of this Agreement unless specifically authorised by BSNL in
writing.
e. Ensure that its employees / personnel shall at all times conduct themselves within the
parameters of laws of India and shall not commit, abet or permit the commission of
any unethical, illegal and unlawful, immoral or criminal act or any act against the
principal of public order, to recover the dues from the customers under this
Agreement and in the event of any illegal and/ or unlawful act being committed or
abetted, COLLECTION AGENCY shall be liable for all consequences thereof and
BSNL shall at no point of time be liable either directly or indirectly. In this regard,
COLLECTION AGENCY shall indemnify and keep BSNL indemnified in case of any
claims or action from any customer including any third party claims that may arise in
the recovery of dues from the customers under the terms of this Agreement.
f.
Shall ensure that no personnel employed by the COLLECTION AGENCY commits
any act of misconduct or act in contravention to any of the provisions of this
Agreement or instructions issued by BSNL from time to time or commits any fraud or
is involved in any criminal or civil case. If any personnel employed by COLLECTION
AGENCY commits any misconduct or is involved in any criminal case or is guilty of
acting in contravention of any provisions of this Agreement or any law, then
COLLECTION AGENCY remove such personnel from the services of the recovery of
dues from the customer and additionally shall also indemnify and keep BSNL
indemnified from the consequences of any such act caused by the personnel during
his services of recovering the dues from the Customer, as a result of which BSNL
has suffered or is likely to suffer any loss.
g. That the personnel employed by the COLLECTION AGENCY shall at all times be
employee of the COLLECTION AGENCY and shall not have any claim whatsoever
on BSNL w.r.t. claim of employment with BSNL and otherwise and shall not raise any
industrial dispute, directly or indirectly, with or against BSNL, in respect of any of the
service condition or otherwise.
h. It is further expressly clarified and agreed that in case of any simple or grievous or
fatal injury to any such personnel appointed by the COLLECTION AGENCY during
the course of carrying out recovery services under this Agreement, BSNL shall not in
Collection Agency Agreement – BSNL
Page 5 of 15
any way be liable or bound to pay any monetary compensation, and it shall be the
sole responsibility of COLLECTION AGENCY for the same. In case any claim of
compensation is received by or in the name of BSNL, COLLECTION AGENCY shall
indemnify and keep BSNL harmless of any liability of any kind arising out of such
claim on BSNL.
i.
Shall immediately notify BSNL in writing, in case any of its employee or any other
person engaged by COLLECTION AGENCY has committed any breach of any of the
employment Agreement executed with COLLECTION AGENCY or breach of terms of
this Agreement or has committed any act amounting to moral turpitude or has been
arrested by the police, arising due to his act or removed from the employment of the
COLLECTION AGENCY or committed any act which in the opinion of COLLECTION
AGENCY is affecting the integrity of the person. BSNL shall have the right to call
upon the COLLECTION AGENCY to replace any such personnel of COLLECTION
AGENCY who in the sole opinion of BSNL is jeopardizing the interest of BSNL and
the COLLECTION AGENCY shall forthwith comply with the demand of BSNL.
j.
Shall bear the expenses including complete legal expenses viz., Advocates
professional fees arising out of any action initiated by the customer or by any third
party against COLLECTION AGENCY or its personnel or BSNL arising out of any
misconduct by the employees of COLLECTION AGENCY during the performance
under this Agreement or thereafter till the conclusion.
k. Shall undertake to safe guard the interests of BSNL and shall not at any point of time
disclose to any third party any confidential information or knowledge concerning the
business of BSNL and or any matters connected to this Agreement and take such
steps at the cost of COLLECTION AGENCY, as BSNL may direct in order to restrain
breach of the terms of any such undertaking. In this regard, the undertaking given by
COLLECTION AGENCY shall also be binding on its employees and such other staff
of COLLECTION AGENCY employed under this Agreement. COLLECTION
AGENCY shall ensure that it shall have such back to back binding agreements /
undertakings with all its employees who are involved in providing services under this
Agreement.
l.
Specifically covenants that COLLECTION AGENCY and/or any of its employee or
any other person employed by COLLECTION AGENCY for the purpose of this
Agreement shall not use any illegal or unlawful means for performing its obligations
under this Agreement. For any illegal or unlawful means employed by COLLECTION
AGENCY and/or any of its employees or any other person COLLECTION AGENCY
shall alone be responsible and agrees to indemnify and keep BSNL indemnified at all
times against any suits, claims, demands, petitions, actions, proceedings, etc.
filed/initiated against BSNL by any Customer and or by third party for any reason
whatsoever and against any loss, damages, claims, costs, charges, expenses, etc.
m. COLLECTION AGENCY and its personnel shall not claim any lien on the amount
collected by COLLECTION AGENCY even if any amount is due and payable by
BSNL to COLLECTION AGENCY.
n. COLLECTION AGENCY undertakes to execute such other documents as may be
required by BSNL.
o. COLLECTION AGENCY shall at no point of time violate any Guideline provided by
BSNL, during the performance under this Agreement.
Collection Agency Agreement – BSNL
Page 6 of 15
6. CONFIDENTIALITY & SECRECY:
a.
COLLECTION AGENCY hereby agrees and undertakes that (i) this Agreement; (ii)
the terms contained hereof; (iii) all the communications undertaken between the two
Parties in relation to this Agreement and the discharge of the obligations under this
Agreement and (iv) all information received or obtained or gathered by it or its
employees or permitted agents or assigns or any Person under it, in the course of
discharge of its obligations under this Agreement shall be kept confidentially and it
shall not disclose the same to any third Party without the prior written authorization of
BSNL.
b.
Provided however, COLLECTION AGENCY shall be free to disclose or impart the
same to its responsible senior employees or staff members, but only in so far as may
be necessary for the satisfactory and proper performance and discharge of its duties
and obligations under this Agreement.
c.
However, the aforesaid confidentiality obligations on the part of COLLECTION
AGENCY shall not apply to the following information:
i.
Which is in public domain prior to submission by BSNL to COLLECTION
AGENCY.
ii.
Which are in COLLECTION AGENCY‘s possession at the time when the
same was disclosed by BSNL.
iii.
Which has already been submitted to COLLECTION AGENCY by a third
party without obligation to keep the same confidential
iv.
Which came to public domain after disclosure by BSNL without the
involvement of COLLECTION AGENCY.
7. COMPENSATION:
a. In consideration of COLLECTION AGENCY providing the aforesaid services, BSNL
shall make payments to COLLECTION AGENCY for such identification and evaluation
of a subscriber/ applicant as per the commercial terms mentioned in “Annexure A” .
b. All invoices (claims) in connection with this agreement herewith, shall be raised by
COLLECTION AGENCY on a calendar month basis. COLLECTION AGENCY shall
raise invoices for the services rendered in the preceding month by the 15th day of the
succeeding month and BSNL shall settle all payments due in respect thereof, within
fifteen (15 )days of receipt of the claim.
c. All such payments to COLLECTION AGENCY shall be subject to “Tax Deduction at
Source” (TDS) and such other statutory deductions as may be applicable from time to
time.
d. No other payments / reimbursements shall be made to COLLECTION AGENCY
unless both the parties mutually agree to the same in writing.
Collection Agency Agreement – BSNL
Page 7 of 15
e. Wherever any collection from the Due account has been made by way of a cheque or
any other negotiable instrument, BSNL shall not pay the compensation to
COLLECTION AGENCY until the said cheques or negotiable instruments have been
realized in full. COLLECTION AGENCY shall only raise invoices for compensation
against collected payments that have been realized by BSNL. Thereafter, BSNL shall
pay the compensation to COLLECTION AGENCY after deducting any deductibles in
accordance with clause (c) above.
8. REVOCATION OF PERMISSION BY BSNL:
a. In addition to the automatic expiry of authorization to collect, BSNL may at any time
revoke or change authorization given to COLLECTION AGENCY in respect of any
customer with or without assigning any reason thereto. COLLECTION AGENCY shall
also be liable to remit to BSNL any payment collected by COLLECTION AGENCY
without BSNL’s explicit authorisation.
b. On the termination of the authorization to collect COLLECTION AGENCY shall return
all papers and documents supplied by BSNL together with a note of the progress
made by COLLECTION AGENCY on the collection of outstanding amounts from the
Customers.
9. INTELLECTUAL PROPERTY RIGHTS:
a.
COLLECTION AGENCY acknowledges that the ownership of all rights, title and
interest in name and logo type, etc; which carry the name Bharat Sanchar Nigam
Limited vests with BSNL and COLLECTION AGENCY will not acquire any right or
interest in any such trade names by virtue of this Agreement.
b.
COLLECTION AGENCY hereby undertakes to give notice forthwith in writing to
BSNL of any infringement or colorable imitation of any of the trade names or trade
marks of BSNL used on or applied to any products/ services, which shall at any time
or from time to time come to the knowledge or notice of COLLECTION AGENCY and
in this connection COLLECTION AGENCY agrees to and thereby shall at all times, if
so required by BSNL render all assistance in its power and control to BSNL so as to
restrain / prevent such infringement.
10. TAX AND LEVY:
COLLECTION AGENCY shall be liable to pay all State, Central or local taxes other
than Service Tax, as are applicable at the time of providing the services or may
become applicable thereafter in respect of the services rendered hereunder.
11. INDEMNITY AND LIMITATION OF LIABILITY:
a.
COLLECTION AGENCY shall indemnify and keep BSNL fully indemnified and
harmless from and against COLLECTION AGENCY ’s non performance of this
Agreement or breach of trust or violation of any of the terms and conditions as laid
down in these presents and any other negligence by and on its part, which can be
related to, either directly or indirectly affecting BSNL’s business operations, and
against any claims by any customer or person affected by any action or negligence
on the part of COLLECTION AGENCY or its employees. COLLECTION AGENCY
shall alone be responsible and liable for, in the event any suits, actions, proceedings,
claims and demands initiated by such customers or third parties complaining about
the services of COLLECTION AGENCY during the pendency of the agreement or
Collection Agency Agreement – BSNL
Page 8 of 15
thereafter or whatsoever and shall indemnify BSNL in relation thereto from any
losses, damages, costs, charges and expenses (including all legal expenses) that
may be incurred by BSNL in respect thereof or any other complaints of the nature of
breach of trust, or violation or negligence to adhere to any terms and conditions of
this agreement, which BSNL may separately and/or jointly suffer, face, incur or bear.
b.
COLLECTION AGENCY hereby agrees and covenants to indemnify and keep BSNL
indemnified against:
1) All losses, misappropriations, misuse or damage of or to the documents or any
other security instruments which are in possession of the COLLECTION
AGENCY or its personnel or within the control of COLLECTION AGENCY or its
personnel.
2) Any or all claims, liabilities, damages, losses, costs, charges, expenses,
proceedings and actions of any nature whatsoever made or instituted against
BSNL and/or any customer directly or indirectly or by any third party by reason
of :i.
Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work,
misfeasance, disregard of duties by COLLECTION AGENCY or its personnel;
and /or
ii.
Any criminal breach of trust, criminal misappropriation, theft, robbery, fraud or
wrongful act or omission by COLLECTION AGENCY or its personnel; and/or
iii. Any breach of any of the provisions of this Agreement or any of the Annexures
by COLLECTION AGENCY or its personnel; and/or
iv. Any loss or damage caused to BSNL or its customer for any default or mistake or
error or commission any act which is not authorized or done in accordance with
the procedure laid down by BSNL; and/or
v. Any loss or delay in handling the amount paid by the customers to BSNL; and/or
vi. Any loss as a result of incorrect calculations by COLLECTION AGENCY or any
person engaged by it.
c.
All indemnities shall survive during and after termination or determination of this
Agreement and COLLECTION AGENCY shall continue to be liable under the
indemnities.
d.
Except as provided in this Agreement, hereinabove, BSNL shall not be liable to
Collection Agency or any other party by virtue of termination of this agreement for
any reason whatsoever for any claim for loss or profit or on account for any
expenditure, investment, leases, capital improvements or any other commitments
made by the Collection Agency in connection with their business made in reliance
upon or by virtue of this agreement
12. ACCOUNTS AND RECORDS
a. COLLECTION AGENCY shall maintain accurate accounts and records, statements
of all its operations and expenses in connection with its functions under this
Agreement in the manner specified by BSNL.
Collection Agency Agreement – BSNL
Page 9 of 15
b. COLLECTION AGENCY shall forthwith upon being required by BSNL allow BSNL
or any of its authorized representatives to inspect, audit or take copies of any records
maintained by COLLECTION AGENCY. COLLECTION AGENCY shall also
cooperate in good faith with BSNL to correct any practices, which are found to be
deficient as a result of any such audit within a reasonable time after receipt of the
report from BSNL.
However, upon discovery of any discrepancies or
underpayments COLLECTION AGENCY shall immediately reimburse BSNL for
such discrepancies or underpayments.
13. TERMINATION
a. Without prejudice to the rights and remedies available to BSNL under this
Agreement, BSNL shall have the right to terminate this Agreement by giving one
week’s (7) days written notice without assigning any reason whatsoever nature.
b. However, If COLLECTION AGENCY fails or neglects, to observe or commits, or
allows to be committed by breach of the terms, conditions, provisions or stipulations
of this Agreement on its part to be performed or any reported misconduct on the part
of COLLECTION AGENCY or its employees, BSNL shall have the right to terminate
the Agreement forthwith without assigning any reason of termination. BSNL may in
its own discretion, choose to give to Collection Agency a chance to remedy such
breach if such breach is remediable.
14. EVENTS OF TERMINATION
Notwithstanding the above, BSNL shall also terminate this Agreement by giving three (3)
days notice to COLLECTION AGENCY, in the event:
a.
If any of the representations made by COLLECTION AGENCY are found to be
false or wrong. or;
b.
If COLLECTION AGENCY does or suffers any act or thing or omits to do or
suffers to be done any act, thing, deed or matter whereof in the consequence of
which the business of BSNL may be or is likely to suffer or;
c.
If COLLECTION AGENCY acts beyond the scope of this Agreement or is
suspected of falsifying records or;
d.
If COLLECTION AGENCY by its act or omission gives to BSNL reasonable
ground to consider that its rights may be prejudiced or jeopardized.
e.
If COLLECTION AGENCY fails to perform its any obligation under the
agreement
15. CONSEQUENCES OF TERMINATION
a.
Upon the expiration or termination of the Agreement for any reason whatsoever
(i) The obligations of either party having accrued under the Agreement prior to the
expiration or termination of the Agreement shall not be effected and such expiration
or termination shall be without prejudice to any liabilities of either party to other
party existing at the date of expiration or termination of the Agreement,
(ii) Collection Agency shall forth with discontinue the process of collection of
outstanding amount as contemplated herein and shall not represent the BSNL in
any of its dealings,
Collection Agency Agreement – BSNL
Page 10 of 15
(iii) Collection Agency shall not intentionally or otherwise commit any act(s) as
would keep third party to believe that the collection agency is still the BSNL’s
authorized collection Agency ,
(iv) Collection Agency shall immediately pay to BSNL all the outstanding payment
that Collection Agency may have received/collected from the BSNL customers. In
case of failure of Collection Agency to handover such outstanding amount, the
same shall be realized either through the pending bills due to Collection Agency or
by forfeiture of Security Deposit without prejudice to any other action for realization
of amounts due to BSNL.
b.
Not make any use whatsoever of the information / data disclosed or communicated
to COLLECTION AGENCY by BSNL or acquired by COLLECTION AGENCY in
connection herewith or as a result of the implementation of this agreement.
c.
Forthwith return and deliver unto BSNL information / data disclosed or
communicated by BSNL to provide collection services as contemplated herein.
Further at the time of termination, all records, receipts books, identity cards, lists,
materials, papers, schedules and other documents, which COLLECTION AGENCY
holds pursuant to this Agreement shall be returned to BSNL.
d.
Not retain any copies or extracts of any documents nor shall it make any use
thereof or of any kind of benefits of research or new methods of evaluation acquired
by it concerning the provision of said services.
e.
Forthwith cease and desist from using the name, logo, letter heads and all other
materials supplied by BSNL having BSNL’s name, logo etc; and surrender the
same to BSNL.
16. PRINCIPAL-TO-PRINCIPAL AGREEMENT
It is agreed between both the Parties herein that the performance under this
Agreement is on a Principal-to-Principal basis and does not create and shall not
deem to create any employer-employee relationship between BSNL and
COLLECTION AGENCY. COLLECTION AGENCY shall not by any acts, deeds or
otherwise represent to any person that COLLECTION AGENCY is representing or
acting as an agent of BSNL, except to the extent and purpose permitted herein.
17. WAIVERS:
No waivers by either party of any of their terms hereof or of any breach thereof shall
constitute or be deemed to be a waiver of any such terms or if any breach in any
other case whether prior or subsequent thereof.
18. COMPLIANCE WITH STATUTES:
COLLECTION AGENCY hereby undertakes to observe and comply with all laws,
orders, rules, regulation notification and other legal requirements as may be
necessary for the collection of outstanding from the subscribers/ customers.
19. GENERAL
a. This Agreement shall not be varied in its terms by way of oral Agreement or
representation or otherwise than by an instrument in writing executed by the parties
hereto or by their duly authorized representatives.
Collection Agency Agreement – BSNL
Page 11 of 15
b. If any term or provision of this Agreement shall be held to be invalid or unenforceable
the validity and enforceability of the remaining provisions shall not in any way be
affected or shall not in any way be impaired thereby. In such an event the
unenforceable part of this agreement shall be deemed as not part of these presents.
c. This Agreement supersedes all prior arrangement or Agreement between the parties
hereto and any such arrangements or Agreements are and shall be of no effect.
d. The clause heading in this Agreement are inserted for convenience only and should
be ignored in construing this Agreement.
e. BSNL shall arrange for the duplicate copy of the bills as requested by the customers
through the representatives of COLLECTION AGENCY.
f. The COLLECTION AGENCY (CA) shall ensure compliance of all statutory
obligations viz. payment of wages/salary to the staff engaged by the COLLECTION
AGENCY on regular and timely basis and any other amounts including any statutory
dues, charges, taxes and levies payable as per the relevant statutes applicable and
subsequent amendment thereof and same shall be the sole liability of COLLECTION
AGENCY and BSNL will not be liable in any circumstances whatsoever.
20. ARBITRATION:
a) In the event of any dispute, difference or questions arising between the parties hereto
relating to or concerning or arising out of this Agreement, the same shall be referred to
arbitration. Arbitrator shall be appointed by ______________________(Head of SSA).
The decision of the Arbitrator shall be final and binding on the parties.
b) The arbitration shall be governed by the ARBITRATION & CONCILIATION ACT, 1996
and the same shall be held at ______________(place to be indicated). The language
of Arbitration shall be in English and the award of the arbitrator shall be final and
binding on both parties.
21. JURISDICTION:
It is mutually agreed between the parties that any dispute or claims arising under this
Agreement shall be subject to the jurisdiction of the Courts at______________ (place
to be indicated, which can be the place where agreement is signed or Circle HQ).
IN WITNESS WHEREOF, THE PARTIES HEREIN HAVE EXECUTED THIS AGREEMENT
AND AFFIXED THEIR SIGNATURES ON THE DAY, MONTH AND YEAR AS FIRST
AFORESAID.
Signed and delivered for
Signed and delivered for
Bharat Sanchar Nigam Limited, ___________
Collection Agency
___________________________
___________________________
DY. General Manager (Finance)
Proprietor
IN THE PRESENCE OF:
IN THE PRESENCE OF:
WITNESS________________________
WITNESS________________________
Collection Agency Agreement – BSNL
Page 12 of 15
Collection Agency Agreement – BSNL
Page 13 of 15
ANNEXURE “A”
COMMERCIAL TERMS:
1. Security Deposit
a. Security Deposit : The Collection agency shall pay a deposit of Rs 20,000/(Rs Twenty thousand only) towards security deposit, either in cash or in the form of
Bank Guarantee/NSC pledged to the Head of SSA, before the contract is entered into.
b. Interest: No interest would be payable on the security deposit.
2. Commission:
i) BSNL shall pay a commission at the rate mentioned below on the amount collected
by COLLECTION AGENCY during the allocation period including the amount
directly deposited in BSNL’s office by the defaulting customers, after allocation of
their accounts to Collection Agency.
Name of Collection Agency
AREA (i.e. Central, East, West, North,
South etc. as the case may be)
BUCKET
RATE
(As per approved
bid)
1
2
ii) Additional incentives as follows shall be given for achieving specific targets in
respect of each portfolio of outstanding account:
Recovery of outstanding made by the
Agent/Agency
(as % of portfolio allocated)
Upto 20%
> 20% up to 30%
> 30% up to 40%
More than 40%
Additional incentives
Nil
3%
5%
7%
To be eligible for additional incentive, the recovery of outstanding dues should be
made in a period of one month (30 days), from the date of receiving the list of
outstanding against the allotted portfolio.
iii) These rates are exclusive of Service Tax, which will be over and above the above
rates and shall be remitted by the Collection Agency to Service Tax Authorities
after realization of the same from BSNL along with commission due and
admissible.
iv) Performance of Collection Agency will be considered non-satisfactory if its’
percentage of collection is less than 30% of percentage collection by other
Agent’s/Agency’s performing best in that age bucket. i.e., if the top performing
Agent/Agency collects 15% of outstanding in the prescribed time duration, any
Agent/Agency with collection below 4.5% of outstanding will be considered
having non-satisfactory performance and shall be dealt with as per para 2.4.6 of
Circular No. 2-11/2009-BSNL/TR dated 09-07-2009.
v) Besides the above, all other terms and conditions relating to engaging of Collection
Agency for recovery of outstanding dues of BSNL under the scheme, shall be as
per the detailed guidelines prescribed vide circular No. 2-11/2009-BSNL/TR dated
09-07-2009 read with amendment dated 13-07-2009, which shall form part of the
Agreement..
Collection Agency Agreement – BSNL
Page 14 of 15
ANNEXURE ‘B’
Code of Conduct of Collection Agencies
The Collection Agencies and their employees will behave like ambassadors of the Company.
They are committed to supply services of the highest quality standards to ensure Customer
satisfaction. All the practices adopted for follow up and recovery of dues and repossession of
the Company assets, if any, will be in consonance with all applicable laws and regulations.
1.
2.
General Guidelines
(i)
The Customer shall be contacted ordinarily at the contact number & the place of
his/her choice (Billing address, as specified to BSNL) and in the absence of any
specified place, at the place of his/her residence and if unavailable at his/her
residence at the place of his/ her business/occupation.
(ii)
Identity and authority of the Collection Agency to do the follow up and recovery of
dues on behalf of the company shall be made known to the Customer at the first
instance.
(iii)
Customer will normally be contacted, by way of telephone call or in person,
between 08.00 hrs and 21.00 hrs, unless the special circumstance of the
Customer’s business or occupation if advised by the Customer requires the
Company to contact at a different time.
(iv)
Customer’s requests to avoid calls at a particular time or at a particular place
shall be honored.
(v)
if the Customer claims to have already paid the bills, the Agent will politely
request the Customer to provide the evidence of such payment
(vi)
The Collection Agency will document the efforts made for the recovery of dues.
(vii)
Inappropriate days/occasions such as bereavement in the family or such other
calamitous occasions’, will be avoided for collection.
(viii)
The Collection Agency shall not under any circumstances make use of slang or of
any form of inappropriate language & shall be sincere, polite yet firm in all their
interactions with the Customer.
(ix)
The Collection Agency shall cooperate with the law enforcement agencies, as
and when required.
Standards Compliance:
The Collection Agency’s employee/s shall conduct themselves while undertaking
collection of the outstanding dues, as per the laws of the country and as per the Code
of conduct for Collection Agency and agents.
3.
Fraudulent Practices:
Collection Agency and / or its staff shall be polite towards the Customer so as to
avoid allegations of bad behavior. Fraudulent practices adopted by Collection Agency
and / or their staff will lead to immediate termination of the contract, banning of the
Agency, imposition of penalty clause as per agreement, besides prosecution and
police complaints against the concerned Agency/employee/s of the Agency.
4.
Professional Ethics:
Collection Agency shall be responsible to ensure that the principals, managers, and
staff of the collection Agency are aware and adhere to the provisions of the NonDisclosure requirement contained in the Collection Agency Agreement.
The employees of the Collection Agency shall have a minimum qualification of high
School graduation. The employees will be neat and clean in his/ her appearance.
Collection Agency Agreement – BSNL
Page 15 of 15