Terms and Conditions

About Us

Fapshi Inc ("Fapshi", "Company", "we", "us", or "our") is an online payment platform that allows users to make and/or receive payments online for goods and services. We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a buyer or seller will complete a transaction.

Agreement

These Terms of Service is an agreement between you and Fapshi. It details Fapshi'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.

Privacy Policy

Fapshi 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.

Registration

To use Fapshi, you have to create a Fapshi account by registering. To register, you will provide us with certain information such as your email, username, and phone number. To use Fapshi conveniently, you have to activate your account as shown here for us to verify you. For all those who submit account activation requests, we (by ourselves or through third parties), have to verify your information, after which we will approve your account unless deemed risky. By registering, 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, 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 Fapshi that:

1. You have full power and authority to enter into, execute, deliver and perform this Agreement.
2. You are duly organized, authorized and in good standing under the laws of the Republic of Cameroon or any city, state, region or country of your organization, and are duly authorized to do business in all other cities, states, regions or countries in which your business operates.

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, Fapshi 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 Fapshi's services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Fapshi's services and not sharing your device with other people).

Data Compliance

You agree to comply with all data privacy and security requirements of the governing bodies and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage, and disclosure of user information. It is your responsibility to comply with these standards. We are responsible for the security and protection of your data which we collect and store. Accordingly, we implement access control measures, security protocols and standards including the use of encryption and firewall technologies to ensure that the data is kept safe and secure on our servers. We also implement periodical security updates to ensure that our security infrastructures are in compliance with reasonable industry standards. We acknowledge that you own all your customers' data (for merchants). You hereby grant Fapshi a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers' data for the following purposes:

1. providing and improving our services;
2. internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data;
3. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and any other purpose for which consent has been provided by your customer.

Software License (For Merchants)

We, hereby, grant you a revocable, non-exclusive, non-transferable license to use Fapshi's APIs, developer's toolkit, SDKS, 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 Fapshi's services. If you do not comply with the documentation and any other requirements provided by Fapshi, then you will be liable for all resulting damages suffered by you, Fapshi 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 (For Merchants)

We hereby grant you a revocable, non-exclusive, non-transferable license to use Fapshi'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 Fapshi (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 to any Fapshi 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 Fapshi permissions 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 certain confidential and proprietary information, including, without limitation, information concerning each party's services, know-how, technology, techniques, or business or marketing plans. Confidential Information does not include information that:

1. is public knowledge at the time of disclosure by the disclosing party;
2. 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;
3. was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations;
4. 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:

1. not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information;
2. 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;
3. 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;
4. take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement;
5. 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/store, 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.

Mobile Money Operator Rules

Each operator has its own rules, regulations, and guidelines. You are required to comply with all applicable rules that are applicable to you. You can review portions of the Rules at MTN Mobile Money, Orange Money, and other mobile money operators. The operators reserve the right to amend the Rules.

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 operator. We do not guarantee or assume any liability for transactions authorized and completed that are later reversed or charged back(see Chargebacks below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of the reversal or chargeback. Fapshi 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 addition or removal.

Our Fees & Pricing Schedule

You agree to pay us for the services we render as a payment gateway and platform for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page and can be calculated on the same page using the “pricing calculator” we provided. The Fees on our Pricing page is integral to and forms part of this Agreement.. We reserve the right to revise our Fees. In the event that we do, you will be notified within 5 days of such change.

Payouts

Subject to the terms of this Agreement, Fapshi will send to your designated mobile money or bank account, all amounts settled and due to you from your transactions, minus our fees as stated in the Fee & Pricing Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to Fapshi under this Agreement (“Payout”). If the Payout is not sufficient to cover the amounts due, you agree that we may debit your mobile money or 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 mobile money or bank account and related information and grant us permission to debit amounts due from your mobile money or bank account. After transfer of funds is initiated to your Mobile Money or Bank Account, we will update information on your Fapshi Dashboard to reflect settlement. Information regarding your transactions that are processed and settled using Fapshi will be available to you when you log into your Fapshi Dashboard. While we will provide Transaction History in your Fapshi Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Fapshi account as may be required for your business. Fapshi 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 Mobile Money or Bank Account for settled funds from your transactions processed through us is on your Fapshi Dashboard. We reserve the right to change your Payout Schedule, suspend payouts to your Mobile Money or 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 activities associated with your use of Fapshi, or if required by law or court order.

Handling Funds

You authorize and instruct Fapshi to hold, receive, and disburse funds on your behalf when such funds from your transactions settle from the mobile money or international payments operators. By accepting this Agreement, you further authorize Fapshi 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 Fapshi pending settlement and Payout to your Mobile Money or Bank Account. Settlement funds will be held in a deposit account at Fapshi 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 Mobile Money or international payment operators. Your authorizations will remain valid and be of full effect until your Fapshi Account is closed or terminated.

Security and Fraud Controls

Fapshi 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. Howbeit, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. We will, however, take all reasonable and commercially achievable measures to address any security breach as soon as we become aware. 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 Fapshi 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 Fapshi. 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 transfer to your 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 account accordingly. Failure to notify us within 10 (ten) 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 account, 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 operator rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the operator, 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 mobile money or bank account. Where these amounts are not recoverable through your mobile money or 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 Fapshi 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 Mobile Money and/or Bank Account available for any open settlements, Chargebacks and other adjustments. To secure your performance of this Agreement, you grant Fapshi a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.

Refunds

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 Fapshi to your customers in accordance with this Agreement and relevant operators.

Termination

You may terminate this Agreement by closing your Fapshi Account. We may suspend your Fapshi Account and/or your access to Fapshi services and any funds, or terminate this Agreement, if;

• you do not comply with any of the provisions of this Agreement
• we are required to do so by a Law
• we are directed by an operator or issuing financial institution; or
• where a suspicious or fraudulent transaction occurs.

Restricted Activities

You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Fapshi, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read above.

Indemnity

You agree to defend, indemnify, and hold Fapshi, 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 this Agreement.

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 sub-contracting any of your rights or obligations under these Terms of Use 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 of Use to any third party.

Do:

• Use our Brand Assets exclusively on website or application sections that directly relate to our services (for example, on payment pages utilizing our processing services).
• Apply our Brand Assets according to any provided style guidelines (covering specifications like sizing, colors, or positioning), and update your implementation to reflect any guideline changes within a reasonable timeframe after notification.
• Use the Fapshi word mark in its original form when textually referencing our company, products, or services, ensuring all references are truthful and accurate.

Don't:

• Add an outline to our logo. If the logo color doesn't have sufficient contrast, consider an alternate color, or black and white version.
• Add filters or effects to our logo.
• Use colors that lack sufficient contrast for clear legibility.
• Stretch, squeeze, rotate, or otherwise manipulate the logo.
• Use our Brand Assets except as described in these Brand Assets Usage Terms (or otherwise agreed in writing).
• Modify or alter our Brand Assets in any way. For example, don't shorten or abbreviate them, or use them in plural, possessive, foreign-language translation, or other modified forms.
• Misrepresent your relationship with us, or use our Brand Assets in any misleading way that implies our endorsement or sponsorship.
• Use our Brand Assets more prominently than your own or any third-party branding.
• Use our Brand Assets in any context unrelated to us or our products/services.
• Use our Brand Assets on physical merchandise including promotional items or swag.
• Add elements near our Brand Assets that could create a new composite mark.
• Incorporate our Brand Assets into your trademarks, names, domains, or social media handles that could cause confusion.
• Use our Brand Assets to portray Fapshi or our products/services in a negative or damaging light.
• Use ™ or ® symbols with our Brand Assets. We maintain consistent branding across regions without these designations.