These KongaPay (“Terms & Conditions”) apply to any use of KongaPay for business and commercial purposes.
And you hereby undertake:
By using KongaPay, you acknowledge and agree to be bound by these Terms. If you do not agree with any of these Terms & Conditions, do not use KongaPay as your payment method.
These Terms and Conditions may be amended as we deem fit, using our sole and absolute discretion by posting an updated review on the website. This review will immediately come into effect upon posting. For every time you utilize this platform you give your consent to be bound by this “Terms and Conditions” agreement as may be amended from time to time. Some of the clauses in the KongaPay Terms and Conditions may be superseded by legal terms which may be found on some pages of the KongaPay website. In such instances the terms on such pages shall automatically override the provisions and be incorporated into the relevant parts of these Terms which are being superseded.
PLEASE READ THESE MERCHANT TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP AS A MERCHANT. If you do not agree to any or all of these Terms and Conditions, DO NOT USE THIS SITE!
Agreement
These Merchant Terms and Conditions is an agreement between you and KongaPay. It details KongaPay’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
Registration
To use KongaPay, you have to create a KongaPay account by registering. To register, you will provide us with certain information such as your email, first name, last name, corporate bank account number, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.
Change of Information
In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us
Representation and Warranties
You represent and warrant to KongaPay that:
Nigeria or any state, region or country of your organisation and are duly authorized to do business in all other states, regions or countries in which your business operates.
Age Restriction
Our website and services are not directed to persons under 18. We do not knowingly transact or provide any services to persons under 18.
Account Security
You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, KongaPay will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access KongaPay’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access KongaPay’s services and not sharing your device with other people).
Data Compliance
We acknowledge that you own all your customers’ data. You hereby grant KongaPay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your Customers’ data for the following purposes:
Software License
We hereby grant you a revocable, non-exclusive, non-transferable license to use KongaPay’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with KongaPay’s services. If you do not comply with the documentation and any other requirements provided by KongaPay, then you will be liable for all resulting damages suffered by you, KongaPay and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.
Trademark License
We hereby grant you a revocable, non-exclusive, non-transferable license to use KongaPay’s trademarks used to identify our services (the “Trademarks”) solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to KongaPay (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.
Intellectual Property
We do not grant any right or license in respect of any KongaPay intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.
Publicity
You hereby grant KongaPay permission to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.
Confidential Information
The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation to information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.
Know Your Customer
You agree that, you are solely responsible for verifying the identities of your customers, ensuring that they are authorized to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.
You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide KongaPay with these.
Customer Payments
You may only process payments when authorized to do so by your customer. We will only process transactions that have been authorized by the applicable Card Network or card issuer.
We do not guarantee or assume any liability for transactions authorized and completed that are later reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. KongaPay may add or remove one or more payment types or networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.
Our Fees & Pricing Schedule
You agree to pay us for the services we render as a payment gateway for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page on the website. The Fees on our Pricing page are integral to and form part of this Agreement.
i. KongaPay shall be entitled to transaction fees as stated in the table below.
| Percentage | Cap | Minimum transaction | |
|---|---|---|---|
| Web SDK | 1.5% | ₦2,000 | ₦100 |
| Mobile SDKs (iOS & Android) | 1.55% | ₦2,000 | ₦100 |
| Recurring payment | 1.7% | ₦2,000 | ₦100 |
ii. Payment for services fees and charges shall be in accordance with the services. KongaPay shall be entitled to deduct all the aforementioned fees and charges from successful transactions from funds payable by KongaPay to the Merchant.
iii. Payments required to be made by the Merchant on this service shall be payable unconditionally without any deduction, claim counterclaim, setoff, notice or demand.
iv. Fees and charges paid by the Merchant under the service shall not be refundable in the event of termination of the service howsoever caused.
v. The Merchant agrees that KongaPay may if and whenever instructed to do so by a participating Bank:
vi. If for any reason a Merchant’s designated bank ceases to be a participating bank, the Merchant shall forthwith upon receipt of written notice therefore from KongaPay re-designate an account for the purpose of continued transactions processing with any of the participating banks.
vii. The Merchant agrees that KongaPay and the designated bank will not undertake payment or settlement procedures on non-settlement days:
viii. Any transactions carried out on a non-settlement date shall be effected on the day immediately following which is not any of the aforementioned non settlement days
We reserve the right to revise our Fees. In the event that we revise our fees we will notify you within 30 days of such change
Payouts
Subject to the terms of this Agreement, KongaPay will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to KongaPay under this Agreement (“Payout”). If the Payout is not sufficient to cover the amounts due, you agree that we may debit your Bank Account for the applicable amounts, and/or set-off the applicable amounts against future Payouts. Upon our request, you agree to provide us with all necessary bank account and related information and grant us permission to debit amounts due from your Bank Account.
After transfer of funds is initiated to your Bank Account, we will update information on your KongaPay Dashboard to reflect settlement. Information regarding your transactions that are processed and settled using KongaPay (“Transaction History”) will be available to you when you login to your KongaPay Dashboard. While we will provide Transaction History in your KongaPay Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your KongaPay account as may be required for your business. KongaPay is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.
Payout Schedule
Your Payout Schedule, which is the time it takes us to initiate a transfer to your Bank Account settled funds from card transactions processed through us is on your KongaPay Dashboard. We reserve the right to change your Payout Schedule, suspend payouts to your Bank Account or initiate a Reversal should we deem it necessary due to pending disputes, excessive or anticipated excessive Chargebacks or Refunds, or other suspicious activity associated with your use of KongaPay, or if required by law or court order.
How we handle your Funds
By accepting this Agreement, you further authorize KongaPay on how your transaction settlement funds should be disbursed to you as Payouts and the timing of such Payouts.
You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by KongaPay pending settlement and Payout to your Bank Account.
Settlement funds will be held in a deposit account at KongaPay pending Payouts to you in accordance with the terms of this contract. We may periodically make available to you information about pending settlements yet to be received from the Card Networks.
Your authorizations will remain valid and be of full effect until your KongaPay Account is closed or terminated.
Security and Fraud Controls
KongaPay is responsible for protecting the security of Payment Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
You agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud.
In the event that you suspect any fraudulent activity by a customer, you agree to notify KongaPay immediately and quit the delivery of the service. In addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to cancel our service to you and/or your account
Notification of Errors
You agree to notify us immediately any error is detected while reconciling transactions that have occurred using KongaPay. We will investigate and rectify the errors where verified. In the event that we notice any errors, we will also investigate and rectify such errors.
Where we owe you money as a result of such errors, we will refund the amounts owed to you by a bank transfer to your Bank Account.
If a transaction is erroneously processed through your platform, report to us immediately. We will investigate any such reports and attempt to rectify the errors by crediting or debiting your Bank Account as appropriate.
Failure to notify us within 45 (forty-five) days of the occurrence of an error will be deemed a waiver of your rights to amounts that are owed to you due to an error.
Chargebacks
A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. It may result in the reversal of a transaction. You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with General Payment Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means
Reserves
In our sole discretion, we may place a Reserve on a portion of your Payouts by holding for a certain period such portion where we believe there is a high level of risk associated with your business. If we take such steps, we will provide you with the terms of the Reserve which may include the percentage of your Payouts to be held back, period of time and any other such restrictions that KongaPay may deem necessary. Where such terms are changed, we will notify you. You agree that you will remain liable for all obligations related to your transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments.
To secure your performance of this Agreement, you grant KongaPay a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.
Refunds
Merchant’s Refund policy must be on Merchant’s Website for all sales made with KongaPay. If Merchant limits refund/exchange terms or other specific conditions for sales, SUCH POLICY MUST BE CLEARLY STATED PRIOR TO THE SALE AND AS PART OF YOUR CONFIRMATION OF SALE PROCESS. PROPER COMMUNICATION WOULD INCLUDE WORDING THAT IS PROMINENTLY DISPLAYED AND INCLUDES SPECIAL TERMS.
You agree that you are solely responsible for accepting and processing returns of your products and services. We are under no obligation to process returns of your products and services, or to respond to your customers’ inquiries about returns of your products and services. You agree to submit all Refunds for returns of your products and services that were paid for through KongaPay to your customers in accordance with this Agreement and relevant Payment Rules.
Termination
You may terminate this Agreement by closing your KongaPay Account.
We may suspend your KongaPay Account and your access to KongaPay services and any funds, or terminate this Agreement, if;
Restricted Activities & Acceptable Use Policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using KongaPay, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it.
Privacy Policy
KongaPay is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.
Disclaimers
WE TRY TO KEEP KONGAPAY AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KONGAPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM KONGAPAY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "KONGAPAY PARTIES") SHALL CREATE ANY WARRANTY.
Limitation of Liability
IN NO EVENT WILL ANY OF THE KONGAPAY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTIONWITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH KONGAPAY’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF KONGAPAY’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any KongaPay Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the KongaPay’s Party's liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to defend, indemnify, and hold KongaPay, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
Updates, Modifications & Amendments
We may need to update, modify or amend our Merchant Terms and Conditions as our technology evolves. We reserve the right to make changes to this Merchant Terms and Conditions at any time by giving notice to users on this page.
We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Merchant Terms and Conditions, you must cease using our website and/or services immediately.
Applicable Law
These Terms and Conditions shall be interpreted and governed by the laws of the Federal Republic of Nigeria.
Legal Disputes
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred mediation at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the LMDC rules. The findings of the LMDC award shall be binding on both parties. Each party shall bear its own costs in connection with the mediation and the venue shall be Lagos, Nigeria.
Severability
If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other part in this Terms and Conditions.
Miscellaneous
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or subcontracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
Contact Information
If you have any questions about our Terms and Conditions, please contact us through any of the details provided below:
Email: [email protected]
Telephone No: 0708 063 5700, 0809 460 5555, 07007000000, 018883435, 09070038917