Dear Sir/Madam,
Pursuant to the NHB (ND)/DRS/Policy Circular No.82/2017-18 dated October 17, 2017 (“the Circular”) issued by the National Housing Bank (NHB) prescribing the Model Code of Conduct for Direct Selling Agents (DSAs) and Direct Marketing Agent (DMAs)(“Model Code of Conduct”), Housing Finance Companies are required to adopt and implement the same.
I /We acknowledge and agree that I/We have read the Code of Conduct adopted by Tata Capital Housing Finance Limited (“the Company”) which is as under:
MODEL CODE OF CONDUCT FOR DIRECT SELLING AGENTS
1.0 Preamble
The Model Code of Conduct (hereinafter referred to as “Code”) is a code of conduct in respect of Direct Selling Agents (“DSAs / Service Providers”) operating as our agents. The purpose of this Code is to ensure that DSAs / Service Providers act and conduct in conformity with the policies and procedures as set in this Code.
1.1 Applicability
Upon adoption and inclusion as part of agreement between Tata Capital Housing Finance Limited (“TCHFL”) and the DSAs / Service Providers, the Code will apply to all persons / legal entity involved in marketing and distribution of any loan or other financial products offered by TCHFL. The DSAs / Service Providers and its representatives, employees, personnel must agree to abide by this Code prior to undertaking any Direct Marketing operation and distribution on behalf of TCHFL. Any such representatives, employees, personnel of the Service Providers found to be violating this code may be blacklisted and such action taken should be reported to TCHFL from time to time by the DSAs / Service Providers. Failure to comply with this requirement may result in permanent termination of business of the Service Provider with TCHFL and may even lead to permanent blacklisting.
A declaration-cum-undertaking in the format prescribed in ‘Annexure - 1’ shall be obtained by the Service Provider from its representatives, employees and personnel before assigning them their duties as annexed to this Code.
2.0 Tele-calling a Prospect (a prospective customer)
DSAs / Service Providers who are involved in telemarketing activity should have a valid registration certificate from Department of Telecommunication (DOT), Government of India. Sourcing agents should be registered in terms of guidelines issued by TRAI from time to time for all their promotional activities.
DSAs / Service Providers should provide TCHFL with the list of telemarketers engaged by them and the telemarketing numbers being used by them for carrying out their promotional activities from time to time.
DSAs / Service Providers will ensure that all their sub agents / representatives engaged in tele marketing are registered with Dept. of telecommunication (DOT) as tele marketers.
A Client is to be contacted for sourcing any loan or other financial products offered by TCHFL only under the following circumstances:
DSAs / Service Providers or/and its employees/representatives should not call a person whose name / number is flagged in “Do Not Disturb” list of TCHFL or any telecom Service Provider or on the website of Telecom Registry Authority of India.
3.0 When can a Client be contacted on telephone?
Telephonic contact must normally be limited between 09:30 hours and 19:00 hours. However, it may be ensured that a Client is contacted only when the call is not expected to inconvenience him / her.
Calls earlier or later than the prescribed time period may be placed only when the Client has expressly authorized the DSAs / Service Providers to do so either in writing or orally.
Residence / Business / office Address visit must normally be limited between 09:30 hours and 19:00 hours. Visit earlier or later than the prescribed time may be made only when the Client has expressly authorized the representative of the Service Provider to do so either in writing or orally.
4.0 Respect the Client’s privacy
DSAs / Service Providers should respect the Client’s privacy. The Client’s interest may normally be discussed only with the Client and any other individual /family member such as Client’s accountant /secretary /spouse authorized by the Client.
4.1 Leaving messages and contacting persons other than the Client
Calls must first be placed to the Client. In the event the Client is not available, a message may be left for him /her. The aim of the message should be to get the Client to return the call or to check for a convenient time to call again. Ordinarily, such messages may be restricted to:
“Please leave a message that XXXXX (Name of officer) representing TCHFL called and requested to call back at ZZZZZZ (phone number).”
The message must indicate that the purpose of the call is regarding sourcing of loan or other financial products offered by TCHFL
5.0 No misleading statements / misrepresentations permitted
The Service Provider should not:
6.0 Telemarketing Etiquette
PRE CALL
DURING CALL
POST CALL
7.0 Gifts or bribes
The representative of the DSAs / Service Providers must not:
8.0 Precautions to be taken on visits / contacts
The Service Provider should:
9.0 Appearance & Dress Code
The representative of the Service Provider must be in proper formal attire while meeting up with the Client.
For men this means:
For women this means:
10.0 Handling of letters and other communication
Any communication sent to the Client should be only in the mode and format approved by TCHFL.
11.0 Qualifications for Direct Selling Agents / Service Providers:
No specific qualification is required for individuals. However corporate DSAs / Service Providers, depending upon the nature of the entity, shall ensure that their Partnership Deed, Memorandum of Association or any other document evidencing the constitution of the entity shall contain as one of its main objects soliciting or procuring the DSA/DMA business.
12.0 Empanelment of DSA / DMA
DSA / DMA seeking of engagement / empanelment with the HFC shall submit the application for empanelment in the illustrative format given at ‘Annexure - 2’.
13.0 Agreement with DSAs / Service Providers
The DSAs / Service Providers shall provide the services as per the terms and conditions set out in Standard Agreement. Every such Agreement should address the risks and risk mitigation strategies. The Agreement should be sufficiently flexible to allow the TCHFL to retain an appropriate level of control over the outsourcing and the right to intervene with appropriate measures to meet legal and regulatory obligations. The Agreement should also bring out the nature of legal relationship between the parties – i.e. whether the agent, principal or otherwise.
14.0 Termination of Agreement
A termination clause and minimum period to execute a termination provision, should be included. The agreement shall automatically be terminated unless renewed by a fresh contract by the TCHFL immediately after the expiry of the period of agreement. No DSA / Service Provides shall be allowed to do any fresh business on behalf of the TCHFL after termination of Agreement until and unless it renewed by a fresh agreement.
15.0 Training to DSA / Service Providers or/and its employees/representatives
DSAs / Service Providers seeking engagement / empanelment with TCHFL, it or/and its employees/ representative will have to go through preliminary training. TCHFL shall also organize a training program every year for DSAs / Service Providers. TCHFL shall also maintain record of training provided by them.
16.0 Maintenance of Database of DSAs / Service Providers
HFCs availing the services of DSA / Service Providers shall maintain up-to-date database of DSAs/ Service Providers engaged / empaneled with them.
General
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