Airtel Money Service Terms
DEFINITION OF TERMS
“Applicable Law” refers exclusively to the laws of the Republic of Ghana.
“Agreement” means this Merchant Agreement
“Airtel Money Service” means the mobile money transfer services provided by Airtel Mobile Commerce which the Merchant will use in order to effect payment transactions to customers and may be used for other transactions as necessary;
“Cash Collection Account” means the bank account of the Merchant.
“Customer” shall mean a customer of the Merchant;
“E-Value” means the electronic value representing an entitlement to an equivalent amount of the Cash held by the Merchant in respect of the purchase of such electronic value;
“Intellectual Property Rights” means, in respect of each Party, such Party’s proprietary rights, title and interest in and to any and all names, logos, trademarks, copyrights, patents and all other intellectual property of whatever nature, description or form, vesting in that Party as at the date of commencement or acquired by such Party at any time after the date of commencement.
- Hubtel shall perform the services and carry out its obligations under this Agreement with due care, diligence and efficiency.
- Hubtel shall through appropriate and reasonable means advertise to its Customers that it receives payment through Airtel Money.
- Airtel Mobile Commerce reserves the right to review and approve the content of the advertising materials before its launch provided that Service Provider’s acceptance or approval shall not be unreasonably withheld or delayed.
- Hubtel shall fulfill all its financial obligations to Airtel Mobile Commerce as and when payments to Airtel Mobile Commerce are due and payable under this Agreement.
- As part of this Agreement, Hubtel may be required to connect to the Airtel Money platform of Airtel Mobile Commerce systems. Hubtel undertakes to use such network connection only for the specific lawful business purposes outlined in this Agreement.
- Neither Hubtel nor its customers, suppliers, contractors, licencors or licensees shall restrict or interfere with the Airtel Money platform or Airtel Mobile Commerce systems or the maintenance or use thereof.
- Upon notice Merchant shall promptly, and no later than 24 hours, remove or cause the removal of any hazard, interference or service obstruction that may be caused by equipment, hardware, software owned by or under the control of the Merchant.
- Hubtel shall not make any representations or warranties, whether written or oral, to third parties or Customers concerning the Services that are not expressly authorized herein or that materially depart from any applicable services level commitment set forth under the provisions of this Agreement
- Collect E-Value from Customers for and on behalf of the Merchant;
- pay E-Value collected for and on behalf of the Merchant into the Cash Collection Account;
- Provide access to the Merchant to an internet web interface to allow the Merchant to view transactions relating to the Merchant.
- Perform the services and carry out its obligations under this Agreement with due care, diligence and efficiency.
- Provide the employees of the Merchant the necessary training, where necessary, in relation to the operation of any equipment associated with the use of Airtel Money.
- Ensure integration with required aggregator to enable real-time transfer of information on transactions to merchants.
STANDARD OF PERFORMANCE
Both Parties shall perform the services and carry out obligations under this Agreement with all due diligence and efficiency in accordance with the generally accepted techniques and practices commonly recognized by the industry.
Scheduled Maintenance Works:
- The network and platform of Airtel Mobile Commerce may require upgrading, modification, maintenance or other works from time to time that may result in the network or any part thereof becoming temporarily unavailable.
- Airtel Mobile Commerce shall act promptly to restore such systems or networks to their proper working condition within the stipulated period or within a reasonable time thereafter.
- The Merchant acknowledges that the network of Airtel Mobile Commerce is not fault free.
- The quality and availability of the network and the Airtel Money electronic payment system may be affected by factors outside the control of Airtel Mobile Commerce such as local geographic or physical obstructions, power outages, atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the network is connected or dependent.
- Airtel Mobile Commerce however undertakes to act on such interference promptly to ensure proper working condition and operation in the shortest time possible. The Merchant shall be notified of any such interference extending beyond 24 hours and the projected date on which the interference will be resolved.
GENERAL SUPPORT SERVICES
Warranty on quality of Support Services: Hubtel warrants that it will provide Support Services in a conducive and workmanlike manner by using properly qualified personnel.
COMPLIANCE WITH LAWS AND REGULATIONS
- Each party shall be responsible for compliance with all Applicable Laws and regulations, including all applicable rules and notices issued by the Bank of Ghana, the National Communications Authority and any other regulatory authority having the authority and jurisdiction to regulate the activities and obligations to be performed by the Parties pursuant to this Agreement.
- If either party fails to comply with the Applicable Law or regulations it shall indemnify the other party from any damages resulting from the violation.
Obligations: Each Party shall (Mobile Money service providers and Hubtel) shall handle the other Party’s Confidential Information received by it in connection with this Agreement on the following basis:
- Keep it confidential;
- Use it solely for the purpose of performing its obligations or exercising its rights in respect of this Agreement;
- Not disclose it to any person save to its own directors, officers, employees or professional advisers (or those of its Group Companies) who need it to perform obligations, exercise rights or conduct audits in connection with this Agreement, or as required by Applicable Law;
- Ensure that such persons keep it confidential; and (v) return or destroy it on termination of this Agreement save where it is necessary to keep it for regulatory reasons in secure archives.
Exceptions: These provisions do not apply where the Confidential Information received:
- Is or becomes public knowledge without breach of this Agreement;
- Was already in a Party’s possession free of obligations of confidentiality;
- Is received from a third party free of obligations of confidentiality;
- Is independently developed without access to any Confidential Information of the other Party or
- Is disclosed to the other Party through third parties who acquire and transmit such information legitimately.