Tigo Cash Service Terms - Hubtel

Technology companies like Hubtel help organize societies. We know societies can’t function without rules, so here are a few we abide by.

Tigo Cash Service Terms


HUBTEL’S OBLIGATIONS

Hubtel shall:

  1. Implement and maintain appropriate security procedures to prevent damage to the Payment Service, including any security procedures notified by Millicom from time to time;
  2. Implement and comply with any policies of Millicom from time to time which address fraudulent or unlawful use of Services, the Millicom Network, the Payment Service, and/or any mobile device; and make its businesses aware of any User Guidelines regarding or relating to the use of the Payment Services.
  3. Hubtel shall be responsible to have valid commercial agreements with Clients for collection of payments.
  4. Hubtel shall provide customer support to its Clients and provide separate and independent feedback to its Clients on the status of their payments.
  5. Upon request, Hubtel shall provide Millicom with information about complaints it receives on the service.
  6. Reconcile accounts at the end of the month
  7. All escalations on any issues should reach Millicom Ghana within a period of ninety (90) days
  8. Processing Transactions
  9. Hubtel shall open and maintain Tigo Cash Account or accounts as necessary.
  10. A successful transaction shall provide feedback from Tigo Cash to the Customer.
  11. Hubtel shall withdraw money from their account by initiating a withdrawal request from Tigo Cash, which is paid into merchant’s bank account within 48 hours.
  12. Millicom shall not be required to accept a Transaction request from a Customer if:
    i) The Customer has not yet registered
    ii) The transaction amount is outside the minimum and maximum amounts for transactions, which shall be specified from time to time by Millicom.
    iii) The Customer has entered an incorrect PIN or user id (where a PIN and/or user ID is required) or has not provided the relevant authentication required by Tigo Cash from
    iv) The Customer has been suspended or barred from using the Service or any other Tigo Cash service;
    v) The Customer has exceeded transaction / daily or monthly or annual limits for the Transaction and other usage on their Tigo Cash customer account;
    vi) The Customer’s transaction contravenes Tigo Cash Business Rules.
    vii) Customer activity is suspected to be fraudulent
    viii) Failure of the Millicom Network.
  13. Hubtel shall reject or reverse a transaction where:
    i) It contains incorrect information such as wrong reference number.
    ii) The Aggregator is unable to process the request sent by Millicom for other reasons.

MILLICOM’S OBLIGATIONS

  1. Enable use of Tigo Cash for collection of payments and product functionalities to customers.
  2. Provide a Tigo Cash wallet for use by the merchant.
  3. Provide APIs for integration.
  4. Handle deduction of the Tigo Cash service fee as agreed from the merchant wallet at the time of each transaction.
  5. Provide advance warning of changes to Tigo Cash fees.
  6. Provide customer support, on the Tigo Cash product and remote support via the Tigo Cash Call Center to assist customers in locating Tigo Cash agents, resolving any issues that may arise.
  7. Provide service, operational and compliance training, and updates from time to time, to the merchant.
  8. Shall provide a Helpline as the point of contact for the merchants and Customers in respect of the Mobile Financial Services.

BUSINESS ETHICS, RESPONSIBLE BUSINESS PRACTICES AND COMPLIANCE

Suppliers shall commit themselves to the highest standard of ethical conduct and responsible business practices.  The promotion of business ethics and the fight against bribery and corruption are fundamental to doing the right thing; they are also key elements of sustainable and long term business development as requested by Suppliers and other stakeholders.

Business Ethics & Anti-Bribery & Anti-Corruption

  1. Millicom accepts no part in corruption, bribery, extortion and/or embezzlement.
  2. Millicom takes the stance of not doing business with any Supplier found to be in such a position of exposure that would have a negative impact on the business and/or the working relationship;
  3. Suppliers shall not engage in any bribery, including making improper offers or payments to or from Millicom and its subsidiaries’ employees, customers, suppliers, organizations or individuals.
  4. Suppliers shall refrain from offering or accepting any bribe, improper offers or payments or other means of obtaining undue advantage;
  5. Suppliers shall have an Anti-Bribery& Anti-Corruption Policy that sets out the principle of zero tolerance to any form of bribery and/or corruption within their organization and with third parties, including facilitation payments.
  6. Suppliers shall ensure that their employees, contractors and sub-contractors are aware of its Anti- Bribery & Anti-Corruption Policy and know how to comply with its requirements;
  7. Any actual or attempted violation of these requirements by a Supplier will result in termination as a Millicom Supplier and the Supplier being removed from the Millicom “Approved Supplier List”.

Gifts and Gratuities
Employees of Millicom are prohibited from asking for or accepting any money, object of value or preferential treatment from any current or prospective Millicom business partner during any pre-tendering or procurement process;
Offering small value gifts or gratuities may be accepted during the normal course of the business relationship by a Millicom employee, but expressly outside of any tendering or procurement process, however they should not be in violation of this Supplier Code of Conduct. However, any member of the Supply Chain Management and Procurement department may not accept any gift of any value at any time;
Further information and specific allowances are contained within the Millicom Gifts and Entertainment Policy.

NB:
Suppliers are encouraged to report unethical behavior or departure via the following email: vendorcomplaints@tigo.com.gh

Fraud and Anti-Money Laundering
Suppliers shall act in accordance with all applicable international standards and laws on fraud and anti-money laundering, not do or omit to do anything likely to cause any party to be in breach of any such international standards and laws and maintain an effective anti-fraud and anti-money laundering compliance program and policy designed to ensure compliance with the law. Suppliers shall furthermore monitor compliance and have a mechanism in place for the detection of violations of such a program and policy.

Protecting Confidential Information
Suppliers may receive or encounter confidential information in regards to Millicom’s business activities including, but not limited to strategic business plans, budgets and forecasts, customer databases and employee master data.  Such confidential information must not be obtained or sought by the Supplier outside of what is reasonably expected for the execution of the agreed business relationship and must never be disclosed without prior written permission from Millicom. Disclosure of such information shall be provided only on a need to know basis and in accordance with applicable regulations, data privacy laws and prevailing industry practices.

Intellectual Property
Suppliers are required to actively support and respect intellectual property rights, regardless of the existence and effectiveness of local and international legislation and regulation;
Suppliers are required not to advertise any contract between themselves and Millicom without prior written approval from Millicom.

Fair Business Practices
Suppliers are required to uphold the standards of fair business, advertising and competition ensuring that information provided to customers is not misleading. Suppliers are required to transparently communicate the terms of service of products and services, including information relating to termination of services.

Whistleblower Policy
Suppliers shall report any instances of illegal or unethical behavior or breaches of the Supplier Code of Conduct (in relation to the goods and services being provided to Millicom). Millicom and the Supplier shall protect the confidentiality of whistleblowers that may raise concerns about ethical or legal issues or breaches of the Supplier Code of Conduct within Millicom or the Supplier. Reports can be raised with the Millicom Compliance & Business Ethics department through the Millicom Ethics Line hosted on the Millicom website (www.millicom.com).

Community Engagement
Millicom encourages the Supplier to ethically engage in supporting the communities where it operates to promote social and economic development.

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.

LIMITATION OF LIABILITY

Liability principles: Neither Party is liable under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, indemnity or otherwise) for:
i) any loss (whether direct or indirect) of profit, revenue, anticipated savings or goodwill;
ii) any loss of or corruption to data; or
iii) any indirect or consequential losses, regardless of whether they were contemplated by either of the Parties when the Agreement was entered into.
iv) Hubtel retains responsibility for compliance with the regulatory regime in which it operates. The Mobile money service providers retains responsibility for compliance with the regulatory regime in which it operates.

Liability exclusions:

All mobile money service providers shall use reasonable efforts to maintain access to their Network. Such access is not fault-free and may be affected by factors outside their control such as atmospheric conditions, type of mobile equipment in use, physical or topographical features, radio frequency interference, third party services the Hubtel uses on the Network or compliance with Applicable Law.  Access to the Mobile Money service may also be temporarily interrupted during upgrading, maintenance and other works that may be required.

Mobile Money service providers shall not be liable for any loss or damage nor be required to accept any Transaction request where:

  1. The Customer has not yet been registered as a Subscriber or to use the service.
  2. The Transaction amount requested by the Subscriber, as applicable, is below the minimum or above the maximum daily, monthly or annual Transaction limits.
  3. Subscriber or customer, as applicable, has entered an incorrect Account Number and/or the payment is made to the wrong recipient save that the Mobile Money Service providers shall use reasonable endeavors to reverse such erroneous Transaction upon receiving notification from the Hubtel;
  4. Customer or Subscriber has entered an incorrect PIN or user ID or has not provided the relevant authentication;
  5. The Subscriber’s MSISDN is not active;
  6. The Customer or Subscriber has been suspended or barred from using any of the Mobile Money Services or the Transaction is unauthorized for any reason;
  7. The Customer’s hardware, software or internet provider service is not functioning correctly;
  8. Customer or Subscriber, as applicable, has activity suspected of being fraudulent;
  9. Failure of the Network.

Liability cap: Subject to the other provisions of this a Party’s total aggregate liability under or in connection with this Agreement (whether in contract, tort (including negligence), breach of statutory duty, indemnity or otherwise) during each consecutive 12 month period starting on the date of execution of this Agreement (Liability Period) shall be limited to [120%] of the Charges paid or payable in respect of that Liability Period. Where the Charges have been paid or payable for less than twelve (12) months in any Liability Period, a Party’s liability shall not exceed the average monthly charge paid or payable for that Liability Period multiplied by 12.

No Exclusion or Limitation: Nothing in this Agreement excludes or limits a Party’s liability for:
i) Death or personal injury caused by its negligence or by the negligence of its employees, subcontractors or agents;
ii) Fraud or fraudulent misrepresentation;
iii) Wilful default, misconduct and/or wilful abandonment
iv) Breach of confidentiality;
v) Any other liability which cannot be excluded or limited by law.