This Sub-Merchant Agreement ("Agreement") is entered into between Burptech Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and operating under the brand name "Bittu POS" (hereinafter referred to as the "Platform" or "Bittu POS", which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns), and the individual, proprietorship, partnership firm, limited liability partnership, company, or other business entity that registers, applies for onboarding, or accepts this Agreement through the Bittu POS platform (hereinafter referred to as the "Merchant" or "Sub-Merchant", which expression shall, unless repugnant to the context or meaning thereof, include its successors, legal representatives, and permitted assigns).
The Merchant's identifying details — including Merchant Name, Business Name, Business Address, GSTIN and PAN — are those captured during the Merchant's registration, KYC and payout onboarding within Bittu POS, and form part of this Agreement.
The Platform and the Merchant are hereinafter individually referred to as a "Party" and collectively as the "Parties". By accepting this Agreement during onboarding, the Merchant agrees to be bound by all of its terms.
1. Purpose
The Merchant desires to use the Bittu POS platform for restaurant management, billing, payment collection, order management, and related services.
The Platform facilitates digital payment acceptance through authorized payment gateway partners and may utilize split settlement mechanisms whereby collected funds are distributed between the Merchant and the Platform in accordance with agreed commercial terms.
2. Services
The Platform shall provide:
- Restaurant billing and POS services.
- Payment collection services through authorized payment gateway partners.
- QR code payment acceptance.
- Split settlement services.
- Transaction reporting and analytics.
- Customer order management tools.
- Any additional services mutually agreed upon.
3. Appointment
The Merchant hereby appoints the Platform to facilitate collection and processing of payments received from customers for goods and services sold by the Merchant.
The Platform shall act solely as a technology and payment facilitation provider and shall not assume ownership of the Merchant's products or services.
4. Split Settlement
4.1 The Merchant authorizes the Platform and its payment gateway partners to automatically split settlements received from customers.
4.2 The Platform may deduct:
- Platform subscription fees;
- Transaction processing fees;
- Convenience fees (where applicable);
- Service charges agreed between the Parties;
- Statutory taxes.
4.3 The balance amount shall be settled directly to the Merchant's designated bank account.
4.4 Settlement timelines shall be subject to the payment gateway and banking partner policies.
5. Merchant Representations
The Merchant represents and warrants that:
- It is legally authorized to conduct its business.
- All licenses, registrations, permits, and approvals required for its operations are valid.
- Information provided to the Platform is true and accurate.
- It shall comply with all applicable laws, including tax laws and consumer protection laws.
6. Prohibited Activities
The Merchant shall not:
- Sell prohibited or illegal goods.
- Conduct fraudulent transactions.
- Engage in money laundering activities.
- Use the Platform for unlawful purposes.
- Violate RBI, NPCI, card network, or payment gateway regulations.
7. Fees
The Merchant agrees to pay the Platform such fees as may be communicated separately through subscription plans, invoices, service schedules, or commercial agreements.
Applicable taxes shall be charged additionally.
8. Refunds and Chargebacks
8.1 The Merchant shall be solely responsible for refunds arising from customer disputes.
8.2 The Merchant agrees that chargebacks, reversals, penalties, or fines imposed by banks, payment gateways, card networks, or regulatory authorities arising from Merchant transactions may be recovered from future settlements.
9. KYC and Compliance
The Merchant agrees to provide all documents required for:
- KYC verification;
- Payment gateway onboarding;
- Regulatory compliance;
- Periodic reviews and audits.
10. Data Privacy
Both Parties shall maintain confidentiality of customer and transaction data.
The Merchant shall not misuse customer information obtained through the Platform.
11. Indemnity
The Merchant shall indemnify and hold harmless the Platform, its directors, employees, payment gateway partners, and affiliates against any claims, losses, penalties, liabilities, or expenses arising from:
- Merchant's products or services;
- Regulatory violations;
- Customer disputes;
- Breach of this Agreement.
12. Limitation of Liability
The Platform shall not be liable for:
- Banking delays;
- Payment gateway downtime;
- Technical interruptions beyond reasonable control;
- Indirect or consequential losses.
The Platform's aggregate liability shall not exceed the fees received from the Merchant during the preceding three months.
13. Term and Termination
This Agreement shall remain effective until terminated by either Party with 30 days' written notice.
The Platform may suspend or terminate services immediately in case of fraud, legal violations, or compliance concerns.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India.
Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.
15. Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes all prior communications relating to its subject matter.
Contact
Burptech Private Limited
Bittu POS
Ahmedabad, Gujarat, India
Email: legal@bittupos.com
Website: www.bittupos.com
BY ACCEPTING THIS AGREEMENT DURING ONBOARDING, THE MERCHANT ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS SUB-MERCHANT AGREEMENT.