KolectPay Platform
Terms of Service
PLEASE READ THESE TERMS OF SERVICE (“Agreement”) CAREFULLY BEFORE ACCESSING OR USING THE KOLECTPAY PLATFORM. BY REGISTERING AN ACCOUNT, CLICKING “I AGREE,” OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
- (a) "Agreement" means these Terms of Service, together with any schedules, annexures, or policies incorporated herein by reference.
- (b) "Commission" means the fee deducted by the Platform from each successful Collection, as determined by the Platform Administrator.
- (c) "Collection" means the electronic debit of funds from a Customer's mobile money account pursuant to a duly authorised Mandate.
- (d) "Customer" means any individual or entity whose mobile money account is subject to a Mandate authorised by the User.
- (e) "Merchant Settlement Account" means the active bank or mobile money account maintained by the User, which is a mandatory prerequisite for receiving Payouts from the Platform.
- (f) "KYC" means Know Your Customer verification, being the due diligence process required by the Platform prior to account activation.
- (g) "Mandate" means the standing authorisation granted by a Customer permitting the User to initiate recurring or one-time debits from the Customer's mobile money account.
- (h) "Payout" means the disbursement of the User's available Wallet balance to the User's designated Settlement Account.
- (i) "Platform" means the kolectpay payment collection system, including all associated software, interfaces, APIs, and services operated by the Platform Administrator.
- (j) "Platform Administrator" means the entity responsible for operating and administering the Platform.
- (k) "Subscription Plan" means the service tier (Starter, Pro, or Platinum) to which the User subscribes, governing access to particular Platform features and usage limits.
- (l) "User," "you," and "your" refer to the registered business entity or sole trader that has accepted this Agreement and holds an account on the Platform.
- (m) "Wallet" means the virtual account maintained on the Platform that records the User's net Collections pending Payout.
2. ACCEPTANCE OF TERMS
2.1 This Agreement constitutes a legally binding contract between the User and the Platform Administrator. By completing the registration process and activating an account on the Platform, the User unconditionally accepts and agrees to be bound by this Agreement in its entirety.
2.2 This Agreement applies to all Users of the Platform, including business owners, staff members, and any authorised partners who access the Platform on behalf of a registered User.
2.3 The Platform Administrator reserves the right to amend this Agreement in accordance with Section 12. Continued use of the Platform following notice of any amendment shall constitute acceptance of the revised terms.
3. ELIGIBILITY
3.1 In order to register for and use the Platform, the User warrants and represents that it:
- (a) is at least eighteen (18) years of age;
- (b) is a legally registered business entity or sole trader duly constituted and operating under the laws of the Republic of Ghana;
- (c) has provided accurate, current, and complete information during the registration process; and
- (d) maintains, and shall continue to maintain throughout the term of this Agreement, an active Settlement Account, which is a mandatory condition of eligibility to receive Payouts from the Platform.
3.2 The User acknowledges that the Platform is intended solely for commercial use by businesses and sole traders and is not available to private consumers.
4. ACCOUNT REGISTRATION AND KYC VERIFICATION
4.1 The User agrees to submit truthful, accurate, and complete information during registration. Any submission of false, misleading, or fraudulent information shall constitute a material breach of this Agreement and shall be grounds for immediate account suspension or termination, without prejudice to any other remedies available to the Platform Administrator.
4.2 Account activation is subject to the User's successful completion of the KYC verification process and receipt of written approval from the Platform Administrator. The Platform Administrator reserves the right to decline any registration application at its sole discretion.
4.3 A one-time, non-refundable registration fee, as determined by the Platform Administrator, may be required prior to or upon account activation. This fee shall not be refundable under any circumstances once the account has been activated.
5. PERMITTED AND PROHIBITED USE
5.1 The Platform may be used solely for the purpose of initiating Collections from the User's own Customers in connection with legitimate commercial transactions for lawful goods and services.
5.2 The following uses of the Platform are strictly prohibited:
- (a) initiating Collections from any individual who has not provided prior, informed, and express authorisation by way of a valid Mandate;
- (b) using the Platform in connection with any fraudulent, illegal, deceptive, or unethical activity;
- (c) engaging in conduct that constitutes harassment, intimidation, coercion, or abuse of any Customer or third party;
- (d) uploading fictitious, fabricated, or third-party customer records for the purpose of manipulating the Platform or any of its systems;
- (e) reselling, sublicensing, or otherwise granting access to the Platform to any third party without the prior written consent of the Platform Administrator; and
- (f) any other use that the Platform Administrator determines, in its sole discretion, to be contrary to the intent or integrity of the Platform.
5.3 Any breach of this Section shall entitle the Platform Administrator to immediately suspend or terminate the User's account without notice and without liability to the User.
6. CUSTOMER CONSENT AND MANDATE RESPONSIBILITY
6.1 The User bears sole and exclusive responsibility for ensuring that each Customer has given free, prior, informed, and express consent to the relevant Mandate before the User activates or triggers such Mandate on the Platform.
6.2 The Platform facilitates the technical execution of Mandates only and does not verify, audit, or assume any responsibility for the underlying commercial agreement, contractual relationship, or consent between the User and its Customers.
6.3 All claims, disputes, liabilities, losses, or complaints arising between the User and any Customer in connection with a Mandate or Collection shall be the sole responsibility of the User. The Platform Administrator shall have no obligation or liability in respect of any such dispute.
7. FEES AND COMMISSION
7.1 The Platform Administrator shall deduct Commission from each successful Collection at the rate configured by the Platform Administrator and displayed on the User's dashboard. The net amount credited to the User's Wallet shall reflect the Collection amount less the applicable Commission.
7.2 Applicable Commission rates, including any caps or tiered structures, shall be published on the User's dashboard and form part of this Agreement.
7.3 The Platform Administrator reserves the right to revise Commission rates or fee structures upon not less than thirty (30) calendar days' prior written notice to the User. Continued use of the Platform following the expiry of such notice period shall constitute acceptance of the revised rates.
8. WALLET AND PAYOUTS
8.1 Net proceeds of successful Collections (being the Collection amount less applicable Commission) shall be credited to the User's Wallet upon settlement.
8.2 By virtue of the mandatory Settlement Account requirement, the Platform is designed to automatically and instantly disburse the User's available Wallet balance directly to the User's designated Settlement Account, without further instruction from the User.
8.3 The Platform Administrator reserves the right to place a hold on, or delay, any Payout where it reasonably suspects fraudulent activity, a breach of this Agreement, or any other irregular conduct on the User's account, pending completion of such investigation as the Platform Administrator deems appropriate. The Platform Administrator shall notify the User of any such hold in a timely manner.
9. SUBSCRIPTION PLANS
9.1 Access to certain features and functionality of the Platform is conditional upon the User's active Subscription Plan (Starter, Pro, or Platinum). Usage limits and feature entitlements applicable to each plan are enforced automatically by the Platform.
9.2 Plan upgrades shall take effect immediately upon confirmation of payment. Plan downgrades shall take effect upon the expiry of the current billing cycle.
9.3 Subscription fees are collected via mobile money mandate. Subscription fees paid for the current billing period are non-refundable, whether the User downgrades, suspends, or terminates the account prior to the end of such period.
10. ACCOUNT SUSPENSION AND TERMINATION
10.1 The Platform Administrator reserves the right to suspend or terminate a User's account, with or without prior notice, in any of the following circumstances:
- (a) a material or repeated breach by the User of any provision of this Agreement;
- (b) evidence or reasonable suspicion of fraudulent activity on the User's account;
- (c) conduct by the User deemed by the Platform Administrator to be harmful to any Customer, third party, or the integrity of the Platform; or
- (d) any regulatory, legal, or compliance requirement that necessitates suspension or termination.
10.2 Upon termination of a User's account, any outstanding Wallet balance shall be disbursed to the User following the completion of such verification procedures as the Platform Administrator deems necessary, and subject to any applicable hold periods or regulatory requirements.
10.3 Termination of this Agreement shall not affect any rights or obligations that have accrued prior to the date of termination.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by applicable law, the Platform Administrator shall not be liable to the User for:
- (a) any loss arising from failed or unsuccessful Collections attributable to insufficient funds in a Customer's account or the Customer's revocation of a Mandate;
- (b) any loss or damage resulting from network outages, system downtime, or technical failures at any partner gateway or mobile network operator; or
- (c) any indirect, incidental, consequential, special, punitive, or exemplary damages of any nature, howsoever arising, even if the Platform Administrator has been advised of the possibility of such damages.
11.2 The Platform Administrator's total aggregate liability to the User under or in connection with this Agreement shall in no event exceed the total Commission earned from the User's account in the thirty (30) calendar days immediately preceding the event giving rise to the claim.
12. DISPUTE RESOLUTION
12.1 In the event of any dispute arising out of or in connection with this Agreement, or the use of the Platform, the User shall, as a condition precedent to any further action, submit the dispute in writing to the Platform Administrator's support team for resolution.
12.2 The Platform Administrator shall use reasonable endeavours to resolve the dispute within fourteen (14) calendar days of receipt of the written submission.
12.3 If the dispute remains unresolved at the expiry of the fourteen (14) day period referred to in Clause 12.2, the parties agree that the dispute shall be referred to and finally resolved by binding arbitration conducted under the laws of the Republic of Ghana, before a sole arbitrator agreed upon by the parties or, failing agreement, appointed in accordance with applicable Ghanaian arbitration legislation.
12.4 Nothing in this Section shall prevent the Platform Administrator from seeking urgent interlocutory or injunctive relief from a competent court where necessary to protect its legitimate interests.
13. AMENDMENTS TO THIS AGREEMENT
13.1 The Platform Administrator may amend, modify, or update this Agreement at any time. Notice of any material amendment shall be provided to the User via email to the User's registered email address or by a prominent notification on the Platform, in either case no less than fourteen (14) calendar days prior to the effective date of such amendment, unless a shorter period is required by law or regulatory directive.
13.2 The User's continued use of the Platform on or after the effective date of any amendment shall constitute the User's unconditional acceptance of the amended Agreement. If the User does not accept the amended terms, the User must cease using the Platform and notify the Platform Administrator of the User's intention to terminate the account.
14. GOVERNING LAW AND JURISDICTION
14.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ghana.
14.2 Subject to the dispute resolution provisions set out in Section 12, each party irrevocably submits to the exclusive jurisdiction of the courts of the Republic of Ghana in respect of any dispute or claim arising out of or in connection with this Agreement.
15. GENERAL PROVISIONS
15.1 Entire Agreement. This Agreement, together with any documents incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations, understandings, negotiations, and agreements, whether oral or written.
15.2 Severability. If any provision of this Agreement is held by a competent authority to be invalid, unlawful, or unenforceable to any extent, such provision shall, to that extent, be severed from the remainder of this Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.3 Waiver. A failure or delay by the Platform Administrator to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
15.4 Assignment. The User may not assign, transfer, charge, or otherwise dispose of any of its rights or obligations under this Agreement without the prior written consent of the Platform Administrator. The Platform Administrator may assign or transfer its rights and obligations under this Agreement to any successor entity or acquirer of its business without the User's consent, subject to prior notice to the User.
15.5 Notices. Any notice required under this Agreement shall be delivered to the User at the email address associated with the User's registered account and shall be deemed received upon transmission.
ACKNOWLEDGEMENT
BY REGISTERING AN ACCOUNT ON THE PLATFORM, THE USER CONFIRMS THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS OF SERVICE.