Biller Terms & Conditions
WHEREAS Zing ZW (Private) Limited t/a AMA.ZING is desirous of appointing the Biller as its Biller to accept payments through the AMA.ZING Platform by utilising the AMA.ZING Services within Zimbabwe on non-exclusive basis;
AND WHEREAS the Biller is agreeable to the provision of AMA.ZING Biller Services in order to accept payment from AMA.ZING Members.
NOW THEREFORE IN CONSIDERATION OF THE AFOREGOING THE PARTIES HAVE AGREED AS FOLLOWS
Cash-Out means the process of moving cash from the Biller’s AMA.ZING Mobile Wallet to the Biller’s Retail Bank Account forming part of the AMA.ZING product.
Customer means every person who is a registered Member of AMA.ZING that Buys from or Pays the Biller for goods or services using their AMA.ZING Wallet Mobile Wallet Account on the AMA.ZING Platform.
AMA.ZING Agent means an authorised representative of AMA.ZING registered to fulfil functions of registering Biller’s.
AMA.ZING Biller settlement System means the mobile money system forming part of the AMA.ZING Platform to manage receipts and payments to Biller’s.
AMA.ZING Platform means the Zing Websites, Mobile Wallet, Mobile Applications, other secure, proprietary information technology hardware and software (licensed to or owned by Zing ZW), AMA.ZING Membership Card, AMA.ZING Accredited Outlets, AMA.ZING Customer Service Centre, relationships and personnel through which the AMA.ZING Services are provided.
AMA.ZING Services means products, features, benefit, rewards and facilities available to Members, Biller’s and Billers including access to transactional facilities, Life Cover, communication, and administration via the AMA.ZING Platform.
Biller means an entity that is registered with AMA.ZING to accept payment for goods and/or services into its AMA.ZING Mobile Wallet Account and also for bulk transfers of cash to the Biller’s Retail Bank Account Card Account from the Biller’s AMA.ZING Mobile Wallet Account.
Biller Code means a unique identifier and biller code assigned to a business or organization by AMA.ZING upon registration as a Biller
SMS means short message services.
Value means the electronic money in the Customers and Biller’s AMA.ZING Mobile Wallet which will equate to the deposits in the AMA.ZING Pool Account held at Retail Bank Account.
SCOPE OF BILLER AGREEMENT
AMA.ZING hereby accepts the Biller, on a non-exclusive basis, to accept payments from AMA.ZING Members subject to the agreed Biller fees as detailed below.
BILLER’S RIGHTS AND OBLIGATIONS
The Biller shall register with AMA.ZING as a Biller.
The Biller shall accept AMA.ZING payments from customers for goods and services bought. The procedure for accepting AMA.ZING payments shall be as follows:
The Biller shall display his Biller code at all times where it is clearly visible to customers.
The customer will initiate a payment transaction for goods and/or services through USSD (cell phone) menu or through the AMA.ZING Mobile Application.
The Biller shall ensure that the customer quotes the Biller Code in all payments made through AMA.ZING.
The Biller shall not deduct any charges for the payment transactions made by the Customer. In this regard the amount transferred by the Customer shall be equivalent to the price(s) of goods and/or services displayed on the till.
The Biller shall release the goods and or/services to the customer upon successful completion of the transaction and the money reflecting in the Biller’s AMA.ZING Mobile wallet. In this regard the Biller shall receive an SMS notification or in APP notification showing inter alia the amount paid by the Customer, their name and customer number.
At any time the Biller may choose to delete his/her AMA.ZING Account by transferring all Value from the AMA.ZING Mobile Wallet to the Retail Bank Account and notifying the AMA.ZING Customer Service Centre.
The Biller shall exercise full control over and take full responsibility to ensure that all payment transactions are received and reflected in their AMA.ZING Mobile Wallet and that transfers between AMA.ZING and Retail Bank Account are authorised in accordance with the AMA.ZING Platform facilities and procedures.
Where the Biller gets involved in money laundering, terrorist or any unlawful activities not governed by this agreement; the Biller shall be solely liable for any such illegally perpetrated activities. AMA.ZING will not, in any way be party or held liable to such illegal activities.
OBLIGATIONS OF AMA.ZING
Ensure that the AMA.ZING Platform operates effectively. AMA.ZING does not guarantee that transactions can be performed at all times and will in no way be liable for circumstances beyond its control.
Ensure that adequate marketing campaign material is available for use by the Biller’s.
Have a fully operational Call Centre manned by qualified employees and/or automated systems to assist in the resolution of problems related to the AMA.ZING Services.
AMA.ZING excludes warranties of all kinds and shall not be liable for any costs, loss, liability or damage whether direct, special or consequential whatsoever and howsoever arising whether from any suspension or termination of this Agreement or otherwise.
AMA.ZING will prescribe a charge for the transfer of Value from a Members AMA.ZING Mobile Wallet to a Biller’s AMA.ZING Mobile Wallet. Transaction charges are as follows:
Transfers from AMA.ZING Member to Biller’s Mobile Wallet will attract a charge of 2% of the amount being transferred with a maximum cap of $4.00 per transaction. The charges may change from time to time at the discretion of AMA.ZING.
Transfers between a Biller’s AMA.ZING Mobile Wallet and a Biller’s Retail Bank Account will be FREE of any transaction fees.
The Parties acknowledge that, save for the duties and powers of the Biller as stated in clause 3, hereof nothing in this Agreement shall be construed to create a relationship of employment or partnership whatsoever between the Parties, whether for tax or any other purpose.
Subject to clause 3 hereof neither Party shall have the right to bind the other to any Agreement with a third Party or to incur any obligation or liability on behalf of the other Party.
In the event of loss of the Biller’s access PIN the Biller is required to inform AMA.ZING immediately so that the Biller’s Members account is blocked. The Biller can contact the AMA.ZING call centre or send an e-mail to email@example.com. Reporting immediately will prevent unauthorised use.
The Biller will be liable for any losses and incurred before they notify AMA.ZING. The Biller is responsible for securing their AMA.ZING PIN and the cell phone used for AMA.ZING Mobile Wallet transactions.
The Biller shall treat as confidential all information relating to Members, Transactions and AMA.ZING.
Each Party agrees to not disclose confidential information and agrees that it shall not without the prior written consent of the affected party, divulge Confidential information relating to the Biller, Customer, or AMA.ZING; unless required to do so by law enforcement agents upon which the Affected Party should be consulted.
AMA.ZING shall have the right to terminate the Biller Agreement in the event that the Biller:
Commits any act of fraud or theft against customers or AMA.ZING involving the use of the AMA.ZING Mobile facility; and/or
Commits an act that brings AMA.ZING into disrepute; and/or
Fails to perform any of its obligations in terms of this Agreement.
If the Biller is in breach of the provisions of clause 9 hereof, AMA.ZING may terminate this Agreement immediately and thereafter inform the Biller in writing of reasons thereof.
AMA.ZING may also terminate the Biller Agreement for whatever reason by giving 30 days’ notice to the Biller.
LIMITATION OF LIABILITY AND INDEMNITY
AMA.ZING will not be liable for any costs, loss or damage whether direct, special or consequential, howsoever and when so ever arising from any suspension or termination of this Agreement.
The Biller shall indemnify AMA.ZING, from and against any and all costs incurred by the Biller of whatever nature and any loss, damage or liability, whether criminal or civil, suffered by AMA.ZING resulting from a breach of this Agreement or any laws and regulations governing the provision of Mobile Money Transfer Services by the Biller including but not limited to breaches caused by any act, neglect or default of the Biller and/or its employees, or any subscriber or third party claim in respect of any matter arising from the Biller’s or its employees’ conduct.
No warranties or representations are made with regard to potential revenues that may be earned by the Biller from the provision of the Mobile Money Transfer services and no reliance should be placed on any statements or projections provided, whether verbally or in writing in this respect.
In the event of any dispute between the parties arising from this Agreement, the parties shall endeavour to resolve it by negotiation between their authorized representatives within seven (7) days of such dispute arising.
In the event that the parties fail to reach agreement within the aforesaid period of seven (7) days, either party may refer the dispute to arbitration.
Notwithstanding anything to the contrary contained in this clause neither party shall be precluded from obtaining interim relief from a court of competent jurisdiction including any arbitral tribunal pending the decision of an arbitral tribunal appointed in terms of this clause.
The arbitration shall be held:
In Harare, Zimbabwe; and
with such legal and other professional representatives as the parties may require; and
in terms of the Arbitration Act (Chapter 7:15), as amended from time to time, it being the intention of the parties that the arbitration proceedings shall be held and completed as soon as possible.
The arbitrator shall be, if the matter in dispute is principally:
A legal matter, a registered legal practitioner of at least fifteen (15) years’ standing;
An accounting matter, a practicing chartered accountant of at least fifteen (15) years’ standing;
Any other matter, an independent person who is an expert in the field in which the dispute has arisen, agreed upon between the parties.
Should the parties fail to agree whether the dispute is principally a legal, accounting or other matter within seven (7) days after the parties’ agreement to refer the dispute to arbitration, the matter shall be deemed to be a legal matter.
Should the parties fail to agree on an arbitrator within seven (7) days after the matter was referred to arbitration in terms of clause 12.2 hereof, the arbitrator shall be appointed at the request of either party to the dispute by the Executive Secretary of the Law Society.
The decision of the arbitrator shall be final and binding on the parties and may be made an order of the court referred to in clause 12.3 at the instance of either of the parties.
The provisions of this clause:
constitute an irrevocable consent by the parties to any proceedings in terms of this clause and neither party shall be entitled to withdraw therefrom or to claim in any such proceedings that it is not bound by such provisions.
is severable from the Agreement and shall remain in effect despite the termination of or invalidity for any reason of this or any part of the Contract.
The Parties undertake to act in good faith with respect to each other’s rights under this Agreement and to adopt all reasonable measures to ensure the realization of the objectives of this Agreement.
This Agreement shall be governed by the laws of Zimbabwe.
DOMICILIUM CITANDI ET EXECUTANDI
The Parties choose as their domicilium citandi et executandi for all purposes under this Agreement the following addresses
Zing ZW (Private) Limited - Means Zing ZW (Private) Limited (Registration Number 4205/2015), a private company incorporated under the laws of the Republic of Zimbabwe whose principal place of business is Sanlam Centre, Newlands, Harare, Zimbabwe, Harare
Biller – as stipulated in Biller Application form – CONTACT DETAILS.