Terms and Conditions

This agreement was updated on April 22, 2020 Please read our privacy policy. It explains how we’ll use your personal information and gives details about how we use cookies. The privacy policy is available at https://www.collect.africa/privacy-policy

ABOUT COLLECT

We are a third-party provider which enables businesses to accept one-off and recurring payments from their customers’ bank accounts, cards, or wallets. Our brand name is Collect and our company name is Collect Payment Tech Ltd.

This End-User Agreement ("this Agreement") is a legal agreement between Collect Payment Tech Limited. ("Collect", "we" or "us") and the End-User of our Services ("you", "your"). This Agreement describes the terms and conditions that apply to your use of the Services. You may not access or use the Services unless you agree to comply with all of the terms and conditions in this Agreement.

By signing up to Collect and adding your accounts, you’ll be providing us through our service providers with your credentials for each bank account, card, or wallet you add.

We'll assume the organization has authorized an individual to act on its behalf where they're using the organization's Collect login details to instruct us to make and receive payments.

ABOUT OUR SERVICE

You can use Collect to: ‍

  • instruct payments to be made directly from one of your payment accounts; and
  • receive multiple one-offs and recurring payments into your bank accounts,
  • instruct multiple payments to be made in one go (we call this a 'batch payment' in this agreement) directly from your payment accounts.

You’ll provide your consent to payments being initiated when you log into your bank account and approve the payments.‍
We’ll initiate payments by securely communicating with our payment service providers and instructing them to make a payment to or batch payments from your selected account, card, or wallet. The payment service provider will make or receive the payments in line with any timeframes you’ve agreed with them.

VERIFICATION OF YOUR COLLECT ACCOUNT

Before we can pay any funds out to you, we need to verify your business, your identity, and your bank account. We’ll typically ask for a range of documents and information to help us do this – for example, all your company details and key persons’ personal identification documents. When we’re verifying this information, we may share details with third parties such as referencing agencies.

You should be aware that if you process any payments prior to us having confirmed verification if we cannot complete verification to our satisfaction, those payments may be canceled or reversed. You will also need to give us the details of the bank account you want your funds sent to, and that account must meet certain requirements. We aren’t obliged to offer any services to you, and our decision as to whether to do so is entirely ours.

PROCESSING PAYMENTS

We’ll process payments as any competent payment provider would. We transfer money we collect to our bank account first, and then on to your bank account.

We follow the same process when you initiate a refund, but we’ll pay the refund out to the customer’s bank account from our own bank account before we recoup the funds from you.

It’s important to note that before we pay any cash out to you, we’ll first deduct the fees you owe us in relation to those payments, and also any charged-back amounts or other money that your customers have claimed back from us.

WHEN YOU CAN USE COLLECT

While we want you to be able to use Collect whenever you want, occasionally repairs, updates, and maintenance on our systems may mean some or all of Collect won’t be available for a while or may mean Collect is slow for a short time. If you suffer a loss because of this, we won’t be responsible for that loss.

BUSINESSES WE DON’T SUPPORT

You may not use Collect in connection with any product, service, transaction, or activity that:

  • falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria
  • relates to the sale and/or purchase of:
    • banned narcotics, steroids, certain controlled substances, or other products that present a risk to a consumer's safety;
    • blood, bodily fluids, or body parts;
    • burglary tools;
    • counterfeit items;
    • illegal drugs and drug paraphernalia;
    • fireworks, destructive devices, and explosives;
    • identity documents, government documents, personal financial records, or personal information (in any form, including mailing lists);
    • lottery tickets, sweepstakes entries, or slot machines without the required license;
    • offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
    • chemicals;
    • recalled items;
    • prohibited services;
    • unlicensed financial services, stocks, or other securities;
    • stolen property;
    • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    • sales of currency without BDC license, certain cryptocurrency operators;
    • obscene material or pornography;
    • certain sexually oriented materials or services;
    • certain firearms, firearm parts or accessories, ammunition, weapons or knives;
    • any product or service that is illegal or marketed or sold in such a way as to create liability to Collect; or
    • production of military and paramilitary wears and accouterment, including those of the Police and the Customs, Immigration and Prison Services.
  • relate to transactions that:
    • show the personal information of third parties in violation of applicable law;
    • support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
    • are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card;
    • pertain to ammunitions and arms; and
    • involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Collect and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

ACTIONS BY COLLECT

If in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Collect and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

  • Blocking the settlement or completion of one or more payments;
  • Suspending, restricting, or terminating your access to and use of the Collect’s Services;
  • Terminating our business relationship with you, including termination without liability to Collect of any payment service agreement between you and Collect;
  • Taking legal action against you;
  • Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
  • Assessing against you any fees, penalties, assessments, or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

DOES COLLECT COST YOU ANYTHING

We charge a fee for using Collect as a business, however, our service is free to your customers. Your bank may charge you fees in line with any terms you have agreed with them. We have no control over these fees.

WHAT HAPPENS IF SOMETHING GOES WRONG?

Although we’ll always try and give you the best service possible, we aren’t responsible for any loss or damage you suffer if we can’t perform our obligations under this agreement because of any:

  1. Legal or regulatory requirements; or
  2. Unforeseeable or unusual circumstances which are outside our (or our agents and/or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.

We’ll be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching this agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We’ll also be responsible for any obligation we’ve breached if we can’t limit or exclude that obligation as a matter of law. If you think that a payment initiated through Collect was unauthorized or incorrectly executed, you must, as soon as possible, contact us or the relevant bank from which the payment was made. We don’t have any liability for any loss or damage arising from your use of Collect to the extent that another of your payment service providers is responsible for that loss or damage. If we have been at fault in any way for the unauthorized or incorrectly executed transaction, we’ll deal with this directly with the relevant payment service provider without having to involve you.

HOW CAN WE MAKE CHANGES TO THIS AGREEMENT OR TO THE API?

We’ll usually let you know about changes we’re making to this agreement by email, but we might also let you know by using Email, SMS, online notifications, or any other appropriate messaging service.

As long as we give you at least 30 days’ notice in advance, we can:

  1. change any of these terms, including introducing or changing a charge, or withdrawing Collect; or
  2. end your use of Collect.

If we make a change to this agreement that benefits you, we can just tell you about this change at the time we make it. Your notice period will start from the date we let you know about the change.

We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:

  1. to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes or our service provider changes its rules or provides updated guidance;
  2. to reflect a change in the cost of providing Collect;
  3. to reflect changes we have made to Collect; or
  4. to do something that is to your advantage.

As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we can’t predict right now, but we’ll always explain the impact that change will have on you.

You don’t have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do.

If you keep using Collect after the change is made, we’ll assume you’ve accepted the change.

We can update the API from time to time and may add or remove functionality. We'll give you notice in the event of material changes to, or removal of functionality from, the API.

HOW CAN THIS AGREEMENT END?

This agreement will continue until you or we end it in the ways set out below

HOW CAN YOU END YOUR USE OF COLLECT?

You can end this agreement and your use of Collect at any time without explanation or charge by contacting us using the contact details set out in “How can you contact us?”.

HOW CAN WE END YOUR USE OF COLLECT?

We may suspend, restrict or stop your use of Collect where:

  1. You’ve seriously or repeatedly broken the terms of this agreement;
  2. We’ve reason to believe that you are engaging in, or facilitating, illegal activity;
  3. You’ve provided us with false or materially incomplete information;
  4. You’ve allowed someone else, including someone working for you who doesn't have an authorization, to use Collect to access your data or make payments;
  5. You’ve behaved improperly towards us (for example, you’ve been threatening, abusing, or harassing a member of staff);
  6. You’ve caused us to or may cause us to, break a law, regulation, code, or another requirement, obligation, or duty that applies to us; or
  7. There’s been, or we suspect there’s been, a breach of security or misuse of Collect or the API.

We can also end this agreement and your use of Collect at any time without giving you a reason by giving you at least 30 days’ notice.

HOW CAN YOU CONTACT US?

You can get in touch with us by emailing us at support@collect.com

HOW CAN WE CONTACT YOU?

If we need to contact you about Collect, we’ll normally do this via email.

We’ll also get in touch with you in any other way that is personal to you. This may include SMS, online notifications, or any other appropriate messaging service.

Please tell us if your name or contact details change, including any email addresses, mobile phone numbers, or other contact details, so we can keep in touch. If you don’t, we won’t be responsible if you don’t get any information or notices from us.

GOVERNING LAW AND DISPUTE RESOLUTION

The validity, construction, and performance of this Agreement shall be governed by the laws of the Federal Republic of Nigeria.

The parties shall attempt in good faith to settle between themselves any and all disputes arising regarding the validity, interpretation, or application of this Agreement, or any other dispute arising from legal relationships resulting from this Agreement.

This clause shall not preclude either Party from obtaining interim reliefs from a court or tribunal of competent jurisdiction pending the resolution by amicable settlement or other alternative dispute resolution forums.