MTN Mobile Money Service Terms - Hubtel

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MTN Mobile Money Service Terms


DEFINITION OF TERMS

“Agreement” means the ‘Service Level Agreement’ for the management of MML’s Mobile Money Payment Services through Hubtel’s platform entered into between Hubtel and MML which includes any amendments, variations or additions thereto from time to time;
“Business Day” means Monday to Friday inclusive between the hours of 8:00am to 5:00pm excluding public holidays in Ghana;
“Vendor” means Hubtel Limited.
“Merchant” or “Client” means a company duly incorporated according to the company laws of Ghana and approved to use Mobile Money products and services for business by either Party
“Confidential Information” means any non-public technical, commercial, financial, scientific, marketing or business information of a party which is contained in or discernible from any form whatsoever (including, whether in written, oral, magnetic, or machine-readable or other format) which is designated as confidential or proprietary to that party or which it is reasonable to assume is confidential or proprietary to that party, and includes, inter alia, any trade secrets, marketing strategies, processes, designs, technical specifications, development plans, financial information, customer information or records, business plans, and customer and vendor lists. Without derogating from the generality of the foregoing, it is specifically recorded that the following is Confidential Information:

  1. The terms and conditions of this Agreement (except in legal proceedings where a party is seeking to enforce the provisions of this Agreement);
  2. information relating to the internal management and structure, policies and strategies of the parties; and information relating to any disagreement or dispute between the parties;
  3. Confidential Information does not include information that a party can demonstrate is:
    i) already lawfully known by that party at the time of first receipt from the other party and is not subject to any other nondisclosure agreement between the parties;
    ii) now, or which later becomes, generally known to the industry through no fault of that party, or which is later published or generally disclosed to the public by the other party;
    iii) otherwise lawfully and independently developed by that party, or lawfully acquired from a third party without any obligation of confidentiality;
    iv) required by any governmental authority having jurisdiction over that party asserting a right to obtain such information provided, however, that prior to any such disclosure pursuant to this clause;
    v) the party concerned shall promptly advise the other party in the event of any request by a governmental authority for the Confidential Information and shall cooperate with the other party to assert any right of objection to such request or to seek a protective order or to take other appropriate action to protect the Confidential Information.

“Customer” means any party that is provided with Mobile Money Products or Services by any of the Parties in terms of this agreement or for who a transaction has been performed;
“Downtime” means the period of time for which Mobile Money customers are not able to perform transactions due to some problem with Hubtel’s platform;
“Effective Date of Service” means the date on which Hubtel confirms in writing to MML that, the first of the Value Added Services has ‘gone live’ after the completion of UAT (User Acceptance Test);
“Event of Force Majeure” means any cause affecting the performance of this Agreement arising from or attributable to any acts, events, non-happenings, omissions or accidents beyond the reasonable control of the Party to perform in particular but without limiting the generality thereof shall include strikes, lock-outs, industrial actions, civil commotion, riot, invasion, war, threat, of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster, the impossibility of use of public or private transport, political interference with the normal operation of either Party;
“Parties” means Hubtel Limited and MobileMoney Limited and “Party” shall be construed accordingly;
“MSISDN (Mobile Station International Subscriber Directory Number)” means a number of uniquely identifying a subscription in a GSM, CDMA or UMTS mobile network and the unique identifier of the Mobile Money Account of a beneficiary;
“Electronic Cash” or “e-cash” means the equivalent of physical cash held on the Mobile Money wallet;
“Partner Bank” means an MTN Mobile Money affiliated bank that is officially designated to hold the physical cash equivalent to the e-cash on the MTN Mobile Money platform;
“Mobile Money account [Mobile Wallet]” means the transactional banking account of a person or entity which account forms part of Service Provider’s product offering known as “Service Provider Mobile Money wallet” and is held through Partner Banks or such other entity as Service Provider may determine from time to time;
“Mobile Money Services” means those services made available or provided, from time to time, by the Vendor to Customers pursuant to this Agreement, including (without limitation) in relation to the Mobile Money Service and  Transactions;
“Ericsson Converged Wallet [ECW]” means the name of the platform on which the Mobile Money services operates;
“Transactions” means the VAS electronic transactions that are initiated from a bank’s transaction delivery touch points;
“Uptime” means total time less planned and permitted unplanned outages;
“User Acceptance Test” [UAT] means the testing and acceptance of the features and functionalities of Hubtel’s platform that is expected to be delivered by Hubtel to MML;
“SDP” means Service Delivery Platform and it’s the middleware via which vendors connects their respective platform or systems to ECW.
“VAS” means Value Added Services

Note:
Clause headings do not affect the interpretation of this Agreement.
A person includes a corporate or unincorporated body.
Words in the singular include the plural and in the plural include the singular.
A reference to one gender includes a reference to the other gender.

HUBTEL’S OBLIGATIONS

These shall include but not be limited to:

  1. Acknowledging receipt of complaints promptly.
  2. Resolving complaints efficiently within agreed KPIs.
  3. Providing timely and regular updates on prolonged issues.
  4. Responding to all communications promptly.
  5. Giving prior notice of any scheduled maintenance.
  6. Communicating effectively, any technical challenge or system downtime impacting service delivery.
  7. Timely and accurate submission of reports.

MTN MML’S OBLIGATIONS

These shall include but not limited to:

  1. Prompt escalation of customer’s complaints.
  2. Providing accurate and adequate information on escalated complaints.
  3. Adherence to escalation procedures.
  4. Acknowledge receipt of resolved complaints.
  5. Timely and accurate submission of reports.

CUSTOMER COMPLAINT REPORTING PROCEDURE
The principal means by which MML will escalate customer complaints to the vendor are:
E-mails
Telephone Calls (Where Applicable)
The vendor will give feedback on the complaints through the same media mentioned above.
The phone can be used to follow up on delayed requests but should not serve as a primary means of escalation.
Both the complaint and its resolution must be communicated by both parties
Complaints will be submitted in the format displayed in Appendix B below.

CRISIS MANAGEMENT

A crisis is defined here as a situation where a challenge with the provided service affects a large section of customers over a prolonged period of time and leads to a large volume of complaints.
Phone calls, emails and if necessary, face-to-face meetings will be the mode of communication during a crisis.
The vendor is obliged to alert MML as soon as a crisis inducing challenge is noticed.
If MML observes and reports a crisis, the vendor must respond within 10 minutes of the report with available details of the situation.
The vendor must provide feedback on the likely resolution period of the crisis and thereafter give hourly status updates (weekdays) and every four hours (weekends) until the issue is resolved.
The vendor will formally communicate the end of the crisis which must be acknowledged by MML.
The vendor will provide a report on the crisis together with a root cause analysis and steps taken to prevent a recurrence. This must be submitted to MML not later than 24 hours after the crisis.

SERVICE MANAGEMENT

Hubtel shall maintain consistent service levels in the manner indicated below:

Service Availability
Coverage parameters specific to your services are as follows:

  1. Hubtel shall ensure that the Mobile Money Services through its platform are maintained for maximum uptime.
  2. Hubtel should ensure that its platform should be able to support any other services that may be launched by MML in future.
  3. Hubtel agrees that it shall provide 98% uptime in respect of providing VAS services through its platform.
  4. The time taken for scheduled maintenance of the network, software/hardware upgrades, scheduled testings, common network related issues, outages or the act or omission of staff or independent contractors of MML, MML’s equipment failure, failure of MML’s ECW server/application and MML’s power outages shall be excluded from computation of outage or downtown.
  5. “Percentage Downtown” means the aggregate of downtown of Hubtel’s platform during a month expressed as a percentage of the total available time in a month i.e. 30 days x 24 hours. Thus, if the aggregate downtown of Hubtel platform works out to 36 hours in a month, then the percentage down-time shall be calculated as follows:

14.4 hours x 100%

————————– = 2%

30 days x 24 hours

Prior to any downtimes (other than scheduled maintenance) beyond 30 minutes, Hubtel shall duly notify MML via email about the incident, so that MML can cascade the information to the relevant stakeholders as recommended by the Regulator.

Service Requests

  1. Service requests should include a brief description of the issue, and the contract information. As much as possible, Hubtel will respond to Services related to incidents and/requests submitted by the customer within Two-hours.
  2. The laws of the Republic of Ghana against financial crime and terrorism financing and Anti-Money Laundering (AML), require following:
    Hubtel may be required to verify Customer identity and address;
  3. Hubtel is required to keep full records of all transactions together with identification provided, and monitor any unusual or suspicious transactions of any size.
  4. Hubtel has a legal obligation to report to the Economic and Organised Crime Office (EOCO) any suspicious transaction.
  5. In the event of suspicion of fraud, Vendor may, at no cost to it, call upon the Service Provider and the Bank to conduct all necessary investigations and help establish Customer identity and address and freeze assets until matters are resolved
  6. Hubtel understands and agrees that, any actions/activities detected in your wallet which contravenes the Anti-Money Laundering Act, 2008 (Act 749) shall be reported to the appropriate security agency.

MTN MOBILE MONEY TRANSACTION REVERSAL & ACCOUNT CLOSURE POLICY
This policy applies to all Mobile Money subscribers and merchants and has been amended to accommodate existing regulatory and legal frameworks.

General principles

  1. Mobile Money Limited (MML) will endeavor to effect refunds of a wrong transfer as soon as possible but in any event not later than 15 days from the date on which a request was made.
  2. The wrong recipient’s account will NOT be suspended during the reversal process.
  3. MML does not have any obligation to cancel any transfer instructions and refund to the subscriber in the event of any dispute with any designated payee.
  4. MML will only refund a claim of a wrong transaction which has been reported within 30 days of effecting the transaction, which time is of essence. The refund shall be done after a careful investigation has been conducted to establish the claim.
  5. MML shall refund the amount reported (if unspent) or the remaining amount in the account if part is spent by the wrong recipient and shall attract a fee prescribed for reversal.
  6. MML will not perform a reversal/ for a wrong transfer which is not reported within 30 days after the said transaction.
  7. MML will not be liable for any damages whatsoever resulting from a wrong transaction.
  8. If a Mobile Money wallet is closed as a result of subscriber’s death, the balance standing to the subscriber’s account shall be paid over to a beneficiary stated in a beneficiary nomination letter or administrator nominated in the letters of administration issued by a competent Court of Jurisdiction.

Closing of mobile money wallet

  1. MML will close a customer’s wallet based on request from that customer.
  2. MML can close a customer’s wallet, restrict activity on your Wallet or suspend access to your Wallet if in any way we know or suspect your Wallet is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the Law.
  3. MML can close a customer’s Wallet if it is proven that a customer is in breach of these terms and conditions, are trying to compromise our systems or are unreasonably interfering with any Services provided by us.
  4. MML may close a customer’s wallet if he/she does not use his/her cell phone and wallet for a period of 6 months, except where the customer’s telephone contract is still valid.
  5. MML will close a customer’s wallet if he/she is no longer an MTN subscriber
  6. MML will close your Wallet.
  7. In case a customer’s wallet is closed, it is the customer’s responsibility to ensure that all debit orders linked to this Wallet are removed within 90 days as these debit orders will be declined after this period and neither the Partner Banks nor MML will accept any liability resulting from these declined debit orders.
  8. MML will not be responsible for any direct, indirect, consequential or special damages arising from any act or omission by the company or any third party for whom we are responsible, whether arising in contract, delict or statute, if we close or suspend your Wallet.

Fraud cases

  1. Fraud cases reported initially will be treated as alleged incidents, therefore the customer’s wallet will NOT be suspended based on the report received from the complainant.
  2. The MM Fraud team has the responsibility of investigating such reports and taking the necessary actions, including the suspension of wallets used for fraudulently activities where required.
  3. All reported fraud cases must be lodged at the Service Center and must be accompanied with a police report for all amounts between 1GHc and 1000 GHC.
  4. Any reported fraud case which involves transaction values above GHC 1000 must be accompanied with a court order.

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.

CONFIDENTIALITY

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:
i) keep it confidential;
ii) use it solely for the purpose of performing its obligations or exercising its rights in respect of this Agreement;
iii) not disclose it to any person save to its own directors, officers, employees or professional advisors (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;
iv) 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:
i) is or becomes public knowledge without breach of this Agreement;
ii) was already in a Party’s possession free of obligations of confidentiality;
iii) is received from a third party free of obligations of confidentiality;
iv) is independently developed without access to any Confidential Information of the other Party or
v) is disclosed to the other Party through third parties who acquire and transmit such information legitimately.

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