New Bulk Payment Via API Terms & Conditions
New Bulk Payment Via API Terms & Conditions
New Bulk Payment Via API Terms & Conditions
APPLICANT’S DETAILS
Name of organization:
Authorized Representative(s)
Name NIC Phone number
1.
2.
3.
NATURE OF USE
Frequency of service: Daily Weekly Monthly Other
PAYMENT OF SERVICES BY
Applicant User/Beneficiary/Customer Other (specify)
REQUESTED DOCUMENTS
DECLARATION
We declare, affirm and confirm that the information and supporting document supplied in application form above are correct
and true to the best of our knowledge. We affirm that it is a criminal and civil offence to supply false information under the
laws of Cameroon. We understand and agree that the Terms and Conditions constitute a binding agreement between
Mobile Money Corporation and myself and append our signature.
MOBILE MONEY CORPORATION, a limited liability company with a shared capital of 50.000.000 FCFA, incorporated in the Republic
of Cameroon, N° RC/DLA/2008/B/151, situated at 360 Rue Drouot Akwa, P. O. Box 15574 Douala, Cameroon (hereinafter called
“MMC”), represented by the General Manager
And
, with a shared capital of , Incorporation number
situated at , PO. Box Douala Cameroon, (hereinafter called “Bulk Payment
Operator”), represented by the
1. Introduction
1.1 Whereas MMC, a company registered in accordance with the laws of the Republic of Cameroon as a subsidiary of MTN Cameroon and
is licensed to carry out value added telecommunications services.
1.2 Whereas Bulk Payment Operator is authorized to pay his employees, network, clients, etc.
1.3 Whereas Bulk Payment Operator intends to use a mobile payment system to perform payment.
2.1 Duration
The effective date shall commence on the date of signature by the Bulk Payment Operator. It shall run for one (1) year subject to an
automatic renewal.
2.2 Termination
2.2.1 Either party reserves the right to terminate this agreement by giving a written notice of three (03) months, which
termination shall be without prejudice to the obligations due on the date of termination.
2.2.2 Either party may terminate this agreement with immediate effect by notice in writing to the other party if the other party is
placed under provisional or final liquidation, administration or judicial management, or if the other party becomes insolvent
in such a manner that compromises its creditors.
2.2.3 Either party may terminate this agreement in case of violation of its obligations by the other party within fifteen
days after a prior notice with no response
2.2.4 Termination of this agreement for any reason whatsoever shall be without prejudice to any rights or claims accrued by
either party immediately prior to or at the time of termination.
3.2.1 Obligations related to compliance and regulation. The Bulk Payment Operator undertakes to:
• Respect the compliance system put in place by MMC.
• Comply with CEMAC regulation n° 01/16 of April 11, 2016 relating to the prevention and repression of the fight against
money laundering, the financing of terrorism and the proliferation in Central Africa, for which the bulk payment
Operator acknowledges to have received a copy;
• Accept on-site and off-site assignments from MMC teams in charge of permanent and periodic checks;
• Not unilaterally modify the service as prescribed in these terms and conditions ;
• Accept on-site and on-site assignments from regulators (COBAC, BEAC, etc.)
•
MTN Mobile Money Terms and Conditions Page 2 of 4
MMC &
3.2.2. Commercial Obligations: The bulk payment Operator undertakes to:
• Carry out transactions within the limits of the ceilings set by BEAC and MMC
• Not to initiate an activity and / or an action which could directly or indirectly harm the interests of MMC;
• Strictly apply MMC's pricing policy;
• Not to use or allow the use of the service provided by MMC for illegal purposes including money laundering, purchase
and sale of Bitcoins, currency exchange etc. ;
• Immediately report any fraudulent transactions or suspected fraud to MMC;
• Inform MMC without delay in the event of a malfunction of the MTN Mobile Money system;
• Authorize MMC to debit from its account any amount that MMC, after analysis, considers as resulting from fraud;
• In the event of requisition by the police or proven fraud, authorize MMC to suspend its account and / or debit from
its account all or part of the amount of the claim;
• Attend training / information sessions organized by MMC;
• Give full access to MMC, its partner bank or any other regulator of the financial sector for audit purposes;
4 Payment Modalities
4.3 The above value proposition is subject to modification and the Bulk Payment Operator shall be informed by any means of
communication with traces
Confidential Information received shall, for the purpose of this agreement include, without information, any technical, political,
commercial, or scientific information, know-how, trade secrets, processes, machinery, designs, drawings, technical specifications
and in whatever form, disclosed to or accessed by either party during the course of his relationship with the other party.
5.1. Not to utilize, exploit or in any other manner whatsoever use the confidential information disclosed pursuant to the provisions
of this Agreement for any purpose other than for the present Agreement, without the prior written consent of MMC.
5.2. That the unauthorized disclosure of the confidential information to a third party may cause irreparable loss, harm and damage
to MMC.
5.3. Confidential information received shall for the purpose of this agreement, last for twelve months after termination
6. Dispute Resolution
6.1. In case of any dispute, claim or controversy between the Parties (hereinafter referred to as the “dispute”), concerning this
Agreement, the Parties shall attempt to settle the dispute amicably by direct negotiation. This entails one Party inviting the other
Party in writing to meet to resolve the dispute within seven (07) days from the date of the written invitation.
6.2. If no agreement can be reached within thirty (30) days through such negotiation, either party may, submit the dispute to the
GICAM Arbitration Center (G.A.C) in Douala whose award shall be final and binding.
7 Entire Agreement
This Agreement contains the entire agreement of the parties with respect of the subject matter of this Agreement and supersedes
all prior agreements between the parties, whether written or oral, with respect to the subject matter of this Agreement.
The Parties choose the following addresses to which notices may be given in connection with this Agreement:
A Party may change its addresses for this purpose, by notice in writing to the other Party, provided that the new addresses include a
physical address in Cameroon.
9 Exclusion of liability
No party may be liable to the other for indirect damages. For example, loss of turnover, financial loss, damages and other lost
profits.
10 No representations
A Party may not rely on any representation which allegedly induced that Party to enter into this Agreement, unless the
representation is recorded in this Agreement.
11 Amendment
MMC may modify this agreement. MMC will inform the Bulk Payment Operator by any means leaving a trace before
the implementation of the changes.
12 No Waiver
The granting of indulgence to a party hereunder does not imply the waiver of any right by the licensor and does not preclude
the grantor's exercise of such right in the future.
13 Cession
The Bulk Payment Operator may not cede, assign or transfer that Party's rights or obligations under this Agreement
without the prior written consent of MMC. He accepts to execute this agreement in its terms and even if these terms
constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any
existing or future right.
Done on