Terms of serviceLast Updated: 4th Nov, 2019.
By signing up for an account on this website (fincra.com), any of our websites and/or services, you are deemed a merchant and agree to these Merchant Terms of Service (the “Agreement”). PLEASE READ THESE MERCHANT TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP AS A MERCHANT.
If you do not agree to any or all of these Terms of Service, DO NOT USE THIS SITE
About UsFincra (“we”, “us” or “our”) is an Fincra (‘the company’) is an online payment aggregator which facilitates online payment from individuals or companies to clients/merchants, with the simple idea of making the flow of money and value into, within and from Africa seamless, efficient and cheap. We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, 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.
AgreementThese Merchant Terms of Service is an agreement between you and Fincra. It details Fincra’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.
RegistrationTo use Fincra, you have to create a Fincra account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.
Change of InformationIn the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments 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 WarrantiesYou represent and warrant to Fincra that:
(i) you have full power and authority to enter into, execute, deliver and perform this Agreement;
(ii) this Agreement is binding and enforceable against you and no provision requiring your performance is in conflict with your obligations under any agreement to which you are a party; and
(iii) you are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.
Age RestrictionOur website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.
Account SecurityYou 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, Fincra 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 Fincra’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Fincra’s services and not sharing your device with other people).
Data ComplianceYou agree to comply with all applicable data privacy and security requirements. We acknowledge that you own all your customers’ data. You hereby grant Fincra a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:
(i) providing and improving our services;
(ii) internal usage, including but not limited to, data analytics and metrics so long individual customer data has been anonymized and aggregated with other customer data;
(iii) 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 (iv) any other purpose for which consent has been provided by your customer.
Software LicenseWe hereby grant you a revocable, non-exclusive, non-transferable license to use Fincra’s APIs, developer’s toolkit, 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 the Fincra’s services. If you do not comply with the documentation and any other requirements provided by Fincra, then you will be liable for all resulting damages suffered by you, Fincra 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 LicenseWe hereby grant you a revocable, non-exclusive, non-transferable license to use Fincra’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 Fincra (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 PropertyWe do not grant any right or license to any Fincra 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.
PublicityYou hereby grant Fincra permissions to use your name and 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 InformationThe parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) 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; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) 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: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) 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; (iii) 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; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) 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 CustomerYou agree that, you are solely responsible for verifying the identities of your customers, ensuring that they are authorised to carry out the transactions on your platform, 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. Where a dispute occurs needing resolution, you may be required to provide Fincra with these.
Customer PaymentsYou may only process payments when authorised to do so by your customer. We will only process transactions that have been authorised by the applicable payment processor. We do not guarantee or assume any liability for transactions authorised 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. Fincra 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 removal.
Our Fees & Pricing ScheduleYou agree to pay us for the services we render as a payment gateway for your goods and services. Our Fees will be calculated as demonstrated on the Pricing page on the website and can be calculated on the same page using the “little 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 revise our fees we will notify you within 5 days of such change.
PayoutsSubject to the terms of this Agreement, Fincra will send to your designated bank (“Bank Account”) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds or other amounts that you owe to Fincra under this Agreement (“Payout”). If the Payout is not sufficient to cover the amounts due, you agree that we may debit your 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 bank account and related information and grant us permission to debit amounts due from your Bank Account. After transfer of funds is initiated to your Bank Account, we will update information on your Fincra Dashboard to reflect settlement. Information regarding your transactions that are processed and settled using Fincra (“Transaction History”) will be available to you when you login to your Fincra Dashboard. While we will provide Transaction History in your Fincra Dashboard, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Fincra account as may be required for your business. Fincra is not responsible for maintaining Transaction History or other records in a manner consistent with your record retention obligations.
Payout ScheduleYour Payout Schedule, which is the time it takes us to initiate a transfer to your Bank Account settled funds from transactions processed through us is on your Fincra Dashboard. We reserve the right to change your Payout Schedule, suspend payouts to your 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 activity associated with your use of Fincra, or if required by law or court order.
How we handle your FundsYou hereby appoint us as your payment processing agent for the limited purpose of receiving payments on your behalf from users that authorise payments to you directly or to third-party services that enable transactions with you. Users will receive a receipt upon payment that will indicate that payment has been made on the applicable date. Our obligation to remit funds collected by us on your behalf shall be limited to funds that we have actually received and that are not subject to chargebacks or reversal, and we shall have no obligation to pursue any collection action against any user. Receipt of funds from users by us on your behalf in connection with transactions shall be deemed receipt of funds from users by you and will satisfy the obligations owed to you by users in the amount of the applicable payment by the user, even if we fail to remit to remit such funds received from users. You authorise and instruct Fincra to hold, receive, and disburse funds on your behalf. By accepting this Agreement, you further authorise Fincra on how your 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 Fincra pending settlement and Payout to your Bank Account. Settlement funds will be held in a deposit account at Fincra pending Payouts to you in accordance with the terms of this contract. We may periodically make available to you information about pending settlements. Your authorisations will remain valid and be of full effect until your Fincra Account is closed or terminated.
Security and Fraud ControlsFincra 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 unauthorised access and accidental loss or modification. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes. 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 Fincra 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 ErrorsYou agree to notify us immediately any error is detected econciling transactions that have occurred using Fincra. 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 bank transfer to your Bank 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 Bank Account as appropriate. Failure to notify us within 45 (forty-five) 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.
ChargebacksA Chargeback usually happens when a customer files directly disputes a payment on their bill. It may result in the reversal of a transaction. You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by 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 Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means
ReservesIn 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 Fincra 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 Bank Account available for any open settlements, Chargebacks and other adjustments. To secure your performance of this Agreement, you grant Fincra a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.
RefundsYou 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 Fincra to your customers in accordance with this Agreement.
TerminationYou may terminate this Agreement by closing your Fincra Account. We may suspend your Fincra Account and your access to Fincra services and any funds, or terminate this Agreement, if;
(i) you do not comply with any of the provisions of this Agreement;
(ii) we are required to do so by a Law;
(iii) where a suspicious or fraudulent transaction occurs
Restricted Activities & Acceptable Use PolicyYou are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Fincra, 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 on our Acceptable Use Policy page.
DisclaimersWE TRY TO KEEP FINCRA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINCRA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM FINCRA, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "Fincra PARTIES") SHALL CREATE ANY WARRANTY.
Limitation of LiabilityIN NO EVENT WILL ANY OF THE FINCRA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH Fincra’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF FINCRA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
ExclusionsSome jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Fincra Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Fincra’s Party's liability shall be the minimum permitted under such applicable law.
IndemnityYou agree to defend, indemnify, and hold Fincra, 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 these Agreement.
Updates, Modifications & AmendmentsWe may need to update, modify or amend our Merchant Terms of Service as our technology evolves. We reserve the right to make changes to this Merchant Terms of Service at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Merchant Terms of Service, you must cease using our website and/or services immediately.
Legal DisputesWe shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
Contact InformationIf you have any questions about our Terms of Service, please contact us through any of the details provided below:
Telephone No: +234 (909) 926 2936