Retailer Service Agreement (Draft)
The software-subscription relationship between EMI Guard and a retailer, summarized for review.
Draft for legal review. This is a plain-language summary of the terms a Retailer Service Agreement should cover, not a signed or binding contract, and not a substitute for review by a qualified Indian commercial lawyer before it is used as one. The in-app User Agreement is what a retailer actually accepts today at signup.
1. Independent business relationship
The Retailer and EMI Guard act as independent parties. Nothing in this Agreement creates a partnership, agency, franchise or employment relationship between them.
2. Software subscription terms
EMI Guard is provided to the Retailer as a paid software subscription (trial, unlimited, or pay-per-device, as described on the Pricing page), licensed for the Retailer's own use in managing its own EMI sales.
3. Retailer's responsibility for mobile sales
The Retailer is solely responsible for its own mobile device sales, pricing, installment terms and compliance with applicable consumer-protection and sale-of-goods law.
4. Retailer's responsibility for installment agreements
The Retailer must execute its own written installment sale agreement with each customer (see the Installment Sale Agreement template) and is responsible for its content and enforceability.
5. Customer consent obligations
The Retailer must obtain and record valid customer consent before enrolling a device, in line with the Customer Consent Policy and Device Management Consent page.
6. Accurate EMI and payment records
The Retailer is responsible for the accuracy of the EMI schedules, payment statuses and customer account information it enters into the platform.
7. Authorized device management conditions
The Retailer may only apply a device restriction in line with the Device Lock & Unlock Policy, and only where it has lawful authority and a valid customer agreement to do so.
8. Data protection responsibilities
The Retailer agrees to handle customer information lawfully and in line with the Privacy Policy and the Data Processing Agreement, and only for the purposes of running the EMI sale and device protection.
9. Incorrect restriction and dispute resolution
The Retailer must correct an incorrect device restriction without unreasonable delay and provide customers a channel to raise and resolve payment or restriction disputes.
10. Subscription termination and data export
Either party may end the subscription as described in the in-app User Agreement. On termination, the Retailer may request an export of its own sale and customer records before account closure, subject to the Data Retention Policy.
11. Liability
EMI Guard's liability is limited to providing the software and technology service described on this website, and does not extend to the Retailer's own sales, installment agreements, or compliance with laws applicable to its own business, to the extent permitted by applicable law.
Nothing in this draft limits any right or remedy available to a Retailer or a Customer under applicable law.