IndusBill is a product of EdCo Tech (SMC-Pvt) Ltd, with its registered office in Rawalpindi, Punjab, Pakistan. References to “IndusBill”, “we”, “us” or “our” mean EdCo Tech (SMC-Pvt) Ltd.
1. Agreement and definitions
These Terms of Service (the “Terms”) are a binding agreement between EdCo Tech (SMC-Pvt) Ltd, a company incorporated under the laws of the Islamic Republic of Pakistan with its registered office in Rawalpindi, Punjab (the “Company”), and the organisation that registers for or uses IndusBill (the “Organisation”). By registering, signing in or using IndusBill you confirm that you are authorised to bind the Organisation and that you accept these Terms.
- Services means the IndusBill platform, including the Organisation’s billing portal, invoice and receipt generation, bulk upload, payer notifications and reminders, payment recording, reporting, audit trail, the payer portal and mobile API, and any payment-collection integrations we make available.
- Authorised User means an individual the Organisation allows to use the Services on its behalf. Payer means a person to whom the Organisation issues an invoice.
- 1BILL means the bill-payment service operated by 1LINK (Pvt) Limited and participating banks and wallets (“1Link”). Raast means the instant payment system of the State Bank of Pakistan. Raast will be offered only when we announce that it is available.
2. Eligibility, registration and verification
The Services are for organisations carrying on business, education, membership or public-sector activities in Pakistan. You must give accurate, complete and current information, including the Organisation’s name, National Tax Number (NTN), address and the identity details of the main contact person (including CNIC or passport number and expiry date), and you must keep it up to date.
Before an Organisation or an Authorised User is allowed to sign in, we verify the information supplied (know-your-customer and due-diligence checks). We may request further documents, may refuse or withdraw access where verification fails or an identity document expires, and may share information with authorities where the law requires, including under the Anti-Money Laundering Act, 2010.
3. The Services and our role
We provide software that lets the Organisation issue and manage invoices and record and reconcile payments. The Organisation, and not the Company, is the biller and the seller or service provider in its relationship with Payers. The Organisation is responsible for the content of its invoices, the amounts and fees it charges, its refund and dispute handling, and its compliance with consumer-protection, tax and other laws applicable to its dealings with Payers.
The Company is not a bank, a payment system operator or a payment service provider and does not hold Payers’ money unless we agree otherwise in writing. Payments made through 1BILL are processed by banks, wallets and 1Link under their own terms.
4. Accounts and security
The Organisation is responsible for everything done through its account. It must keep credentials confidential, give each Authorised User only the permissions they need, remove access promptly when someone leaves, and tell us immediately of any suspected unauthorised use. Users with administrative roles must use two-step verification where we require it.
We may suspend a user or session we reasonably believe to be compromised or in breach of these Terms.
5. Acceptable use
The Organisation and its Authorised Users must not:
- issue invoices for goods or services that do not exist, are unlawful, or that the Payer has not agreed to pay for;
- use the Services for fraud, money laundering, terrorist financing or any activity prohibited by law, including the Prevention of Electronic Crimes Act, 2016;
- gain or attempt to gain unauthorised access to the Services or another organisation’s data, interfere with their operation, or introduce malicious code;
- send unsolicited or misleading communications through the Services, or upload personal data without a lawful basis;
- copy, resell, reverse engineer or build a competing product from the Services, except as the law permits.
6. Payments, 1BILL and service charges
A 1BILL Invoice ID is generated for each invoice. Payers can pay it through any participating banking app, mobile wallet or ATM that supports 1BILL (Invoice). When 1Link confirms a payment, the Services record it against the invoice and notify the Payer.
Each Organisation’s 1BILL service charges are set out in its account configuration according to payment-amount slabs. The Organisation chooses (as recorded by us) whether the charge is deducted from the invoice amount at settlement or added to the amount the Payer pays, in which case it is shown on the invoice as “1Link/IndusBill Charges”. Charges are displayed to the Payer before payment. Where charges are passed on to Payers, the Organisation is responsible for ensuring this is permitted in its dealings with them.
We activate 1BILL for an Organisation only after the verification steps required by us and by 1Link are complete. Settlement of collected funds is governed by the arrangements between the Organisation, its bank, 1Link and us. A payment that is duplicated, reversed or returned by the banking system may be reversed in the Services.
7. Fees and taxes
Fees for the Services are those agreed with the Organisation or published by us from time to time. Unless stated otherwise, fees exclude applicable taxes, including sales tax on services, which the Organisation must pay in addition, together with any withholding taxes properly due. Charges deducted from collections are our fees and the fees of the payment networks.
8. Invoices, receipts and records
Invoices, receipts, notices and audit entries generated by the Services are electronic documents. The parties agree that they may be relied on as electronic records and, where applicable, secure electronic signatures under the Electronic Transactions Ordinance, 2002.
We keep an audit trail of significant actions. The Organisation is responsible for retaining the records it must keep under tax and other laws, and should export or download what it needs before closing its account.
9. Payer notifications and reminders
The Services send emails to the addresses the Organisation provides, including new invoices, changes, payment receipts and reminders that the Organisation schedules. The Organisation is responsible for the accuracy of those addresses and for having the right to contact the Payer. We use reasonable efforts to deliver messages but do not guarantee delivery by third-party mail systems.
10. Personal data
Each party will comply with the data-protection and privacy laws that apply to it. As between the Organisation and the Company, the Organisation decides why and how Payer data it uploads is used, and we process that data on its behalf to provide the Services. Our handling of personal data is described in our Privacy Policy.
11. Intellectual property
The Services, their software, design, trade marks (including IndusBill and its logo) and documentation belong to the Company or its licensors. We grant the Organisation a limited, non-exclusive, non-transferable right to use the Services during the term for its own business. The Organisation keeps ownership of its data and grants us the rights needed to host and process it to provide the Services. The Organisation’s name and logo may be shown on its invoices, portal and communications.
12. Availability, support and changes
We aim to keep the Services available and secure but do not promise uninterrupted or error-free operation. Maintenance, third-party outages (including cloud hosting, email, banks and 1Link) and events beyond our control may affect availability. We may improve, change or retire features, giving reasonable notice of changes that materially reduce functionality.
13. Suspension and termination
The Organisation may stop using the Services at any time by giving us written notice. We may suspend or terminate access immediately if the Organisation breaches these Terms, fails verification, creates legal or security risk, or where required by law or by a payment partner; and on reasonable notice for any other reason.
On termination the Organisation’s portal is closed. We will make its data available for export for a reasonable period on request, after which we will delete or anonymise it, except where the law requires us to keep it (see the Privacy Policy). Accrued rights and sections that by their nature survive termination continue.
14. Warranties and disclaimer
The Services are provided “as is” and “as available”. To the fullest extent permitted by law we exclude all implied warranties, including of merchantability and fitness for a particular purpose. We do not warrant that invoices or reminders will result in payment, nor are we responsible for the acts, omissions or availability of banks, wallets, 1Link, Raast or other third parties.
15. Limitation of liability
To the extent permitted by law, the Company is not liable for indirect, incidental or consequential loss, or loss of profit, revenue, goodwill or data, arising from the Services. The Company’s total aggregate liability for all claims in connection with the Services in any twelve-month period is limited to the fees paid by the Organisation to the Company for the Services in the twelve months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the laws of Pakistan, including liability for fraud.
16. Indemnity
The Organisation will indemnify the Company against claims, losses and reasonable costs arising from the Organisation’s breach of these Terms or applicable law, its invoices or dealings with Payers, or data it supplies without the right to do so.
17. Confidentiality
Each party will keep the other’s non-public information confidential and use it only for the purposes of these Terms, except where disclosure is required by law, a court or a regulator, or is made to professional advisers and service providers who are bound by confidentiality.
18. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, war, civil unrest, government action, strikes, power or telecommunications failure, and failures of banking or payment networks. This does not excuse an obligation to pay money due.
19. Changes to these Terms
We may update these Terms. We will give notice by email to the Organisation’s main contact and/or by a notice in the Services at least 30 days before material changes take effect. If the Organisation does not agree it may stop using the Services before the change takes effect; continued use afterwards is acceptance.
20. Notices
We may give notice by email to the addresses registered for the Organisation or by notice in the Services. Notices to us must be sent to the email address on our contact page, or to our registered office in Rawalpindi, Punjab, Pakistan.
21. Governing law and dispute resolution
These Terms and any dispute arising from them or the Services are governed by the laws of the Islamic Republic of Pakistan.
The parties will first try in good faith to resolve any dispute by negotiation between senior representatives for 30 days after written notice of the dispute. A dispute not resolved in that time shall be referred to and finally settled by arbitration under the Arbitration Act, 1940 (or any law that replaces it) by a sole arbitrator appointed by agreement or, failing agreement within 15 days, by the court of competent jurisdiction. The seat and venue of arbitration is Rawalpindi, the language is English, and the award is final and binding.
Subject to the above, the courts at Rawalpindi have exclusive jurisdiction for interim relief, enforcement of an award, and any matter that cannot be arbitrated. Nothing prevents either party from seeking urgent interim relief from a competent court.
22. General
These Terms, our Privacy Policy and any order or configuration the parties agree in writing are the entire agreement on their subject and supersede earlier understandings. If any provision is unenforceable the rest remains in effect. A failure to enforce a right is not a waiver. The Organisation may not assign these Terms without our written consent; we may assign them to an affiliate or a successor to our business. Acceptance of these Terms by electronic means is valid and binding under the Electronic Transactions Ordinance, 2002. These Terms are made in English; any translation is for convenience only.
23. Contact
IndusBill is a product of EdCo Tech (SMC-Pvt) Ltd, registered office: Rawalpindi, Punjab, Pakistan. Email: hello@indusbill.com.
Questions about this document? Write to hello@indusbill.com or use our contact page.