Hosted Mandate
Terms of Service
Introduction
1.1
Hosted Mandate is a direct debit mandate authorization service provided by Pagatech Limited ("Paga", "We", "Us" or "Our") through which a customer may electronically authorize the creation of a direct debit mandate in favour of a business, biller or other person or entity seeking to collect payment from the customer (the "Merchant").
1.2
A direct debit mandate is an authorization given by a customer to permit the Merchant to initiate instructions in accordance with the mandate details accepted by the customer, for the debit of a bank account nominated by the customer for the purpose of making recurring, scheduled or other payments authorized by the customer. The person whose nominated bank account is to be debited is referred to in these terms and conditions (“Terms”) as the "Customer", "you" or "your".
1.3
These Terms govern your use of Hosted Mandate and constitute a binding agreement between you and Paga.
1.4
You must read and understand these Terms before authorizing a direct debit mandate through Hosted Mandate. By clicking on ["Continue"], ["Accept"], or any similar electronic indication of acceptance provided through the Hosted Mandate interface, you confirm that you have read, understood and agreed to be bound by these Terms.
1.5
These Terms shall be read together with Paga's Privacy Policy and any other terms, rules or policies available on Paga, or otherwise applicable to Hosted Mandate.
1.6
Paga may amend these Terms from time to time by posting an updated version through the
Hosted Mandate interface or by providing notice to you electronically. Any amended Terms shall apply upon publication or such later date as may be specified. Your continued use of Hosted Mandate following the effective date of any amendment will constitute your acceptance of the amended Terms.
Representation and Warranties
By accepting these Terms, you confirm that:
a.
You are at least eighteen (18) years old with legal capacity to enter into a binding agreement;
b.
You have the legal authority to operate the nominated bank account;
c.
The information provided by you is complete, accurate and current; and
d.
Your electronic acceptance constitutes a legally binding agreement to these Terms.
Authorisation
You authorise:
a.
The creation of a direct debit mandate in favour of the Merchant;
b.
The Merchant to initiate debit instructions against your nominated bank account in accordance with the mandate terms accepted by you;
c.
Your bank to honour valid debit instructions submitted in line with the direct debit mandate, subject to applicable laws, regulations and banking procedures;
d.
Paga to facilitate the creation, transmission, processing and management of the direct debit mandate.
Scope of the Mandate
By accepting these Terms, you confirm that:
4.1
The direct debit mandate applies only to the Merchant identified during the authorization process and only for the specified purpose.
4.2
You consent to future debits in accordance with the frequency, amount or other terms disclosed to you before your acceptance.
4.3
Where the amount to be debited is variable, the Merchant shall provide any advance notice required under applicable laws, regulations or the NIBSS Direct Debit Guideline.
Your role
You agree:
6.1
That the nominated bank account details provided are correct;
6.2
To maintain sufficient funds in your nominated bank account where payment becomes due;
6.3
To promptly notify Paga, the Merchant and your bank of any changes affecting the direct debit mandate;
6.4
To promptly notify Paga, the Merchant and your bank if you believe any debit has been processed without your authorization.
Cancellation & Amendment
7.1
You may cancel or amend your direct debit mandate by notifying your bank and the Merchant in accordance with applicable banking procedures.
7.2
Cancellation or amendment shall take effect only after it has been received and processed by the relevant parties.
7.3
You acknowledge that debit instructions already initiated before the cancellation or amendment becomes effective, may still be processed.
Paga's role
8.1
Paga provides the Hosted Mandate platform solely to facilitate the creation and management of direct debit mandates.
8.2
Paga is not:
a.
A party to the contract between you and the Merchant;
b.
Responsible for the quality, quantity or delivery of any goods or services supplied by the Merchant;
c.
Responsible for determining the correctness of any amount claimed by the Merchant.
Merchant's role
The Merchant is responsible for:
a.
Initiating debit instructions strictly in accordance with the direct debit mandate;
b.
Complying with applicable laws, regulations and the NIBSS Direct Debit Rules;
c.
Providing any advance notice required for variable debit amounts;
d.
Addressing any dispute relating to the goods or services supplied by the Merchant.
Failed or rejected transactions
10.1
A debit instruction may fail or be rejected for reasons including but not limited to:
a.
Insufficient funds;
b.
Restrictions on the nominated bank account;
c.
Closure or suspension of the nominated bank account;
d.
Technical or regulatory reasons.
10.2
Paga does not guarantee that every debit instruction will be successfully processed.
Disputes
11.1
Any dispute relating to the underlying goods or services provided by the Merchant shall be resolved directly between you and the Merchant.
11.2
Where you believe an unauthorized or erroneous debit has occurred, you should promptly notify your bank and the Merchant. Such complaints shall be handled in accordance with applicable banking procedures, the NIBSS Direct Debit Rules and any applicable law.
Data Privacy
12.1
You consent to Paga collecting, using, storing and disclosing your personal information to:
a.
The merchant;
b.
Your bank;
c.
NIBSS;
d.
Payment service providers;
e.
Regulatory authorities where required by law,
solely for the purpose of creating, processing, administering and managing the direct debit mandate and complying with applicable legal and regulatory obligations.
12.2
Your personal information shall be processed in accordance with applicable data protection laws and Paga's Privacy Policy.
Limitation of Liability
To the fullest extent permitted by law, Paga shall not be liable for:
a.
Any dispute between you and the Merchant;
b.
Any loss arising from the Merchant's failure to perform its obligations;
c.
Delays or failures caused by banks, NIBSS, payment infrastructure providers or other third parties;
d.
Any debit rejected due to insufficient funds or banking restrictions;
e.
Interruptions caused by events beyond Paga's reasonable control.
Governing law
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Contact
For enquiries relating to the Hosted Mandate, please contact:
Pagatech Limited
Email: business.support@paga.com
Acceptance
By selecting "Accept", you confirm that:
a.
You have read and understood these Terms;
b.
You consent to the creation of the direct debit mandate;
c.
You authorize the Merchant to initiate debit instructions in accordance with the mandate;
d.
You agree to be bound by these Terms.
