1.
By using Rapid Payments Assist, Monitor and/or Request (the “Service”), you, as the Merchant, agree that you have read, understand and are bound by:
- these Merchant Service Terms – Rapid Payments Assist, Monitor and Request ;
- the Merchant Service Terms – General ;
- the provisions of the relevant hardcopy or electronic application form relevant to the Service (“Application Form”); and
- any notices which may be published under “Notices” on the Website from time to time.
2.
Your use of the Service indicates your acceptance without modification of these Service Terms, as read with the General Terms and the Application Form, which will together constitute a legal agreement (“Agreement”) between you and Rapid Payments Africa.
3.
Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms. To the extent that there is any inconsistency between any provision of the General Terms and these Service Terms, then these Service Terms shall override the General Terms to the extent of the inconsistency.
DURATION
The Agreement shall commence with effect from the date of activation of the Service by Rapid Payments which date shall not be earlier than the requested commencement date set out in your Application Form and shall endure until either of us terminates it in accordance with the General Terms.
THE SERVICE
1.
The Service enables you, as the seller of products and/or services, to receive payments from your customers or payers (“Customers”) in respect of your transactions with them through the payment methods selected in the Application Form and processed through your (or your nominated) call centre.
2.
You will be able to view and/or obtain records of your transactions and telephone calls (once in call mode) on the Rapid Payments portal.
3.
There are three Service choices available to you when subscribing for this Service: Rapid Payments Assist, Rapid Payments Monitor and Rapid Payments Request (options are described in paragraphs 4, 5 and 6 below).
4. RapidPay Assist
- With RapidPay Assist, powered by Rapid Payments Africa, your call centre agent will remain on the telephone call to assist your Customer throughout the payment process, prompting your Customer to enter their credit card details using the keyboard of their telephone (landline or mobile device). The call centre agent will securely capture and transmit your Customer’s credit card details through our secure Payment Card Industry (“PCI”) DSS Level 1 environment.
- Using RapidPay Assist, powered by Rapid Payments Africa, your call centre agent will assist your Customer in making the payment and manage the full progress of the payment process, in real time, on the Rapid Payments Assist web application. Your call centre agent will not be exposed to any of your Customer’s sensitive card data and will not hear any DTMF (Dual Tone – Multi Frequency on telephone systems) tones when your Customer is making the payment.
5. RapidPay Monitor
- With RapidPay Monitor, powered by Rapid Payments Africa, your call centre agent will transfer your Customer to Rapid Payments’ secure cloud based interactive voice responses (“IVR”) to process the payment, whereby a Customer follows a pre-recorded voice prompt throughout the payment process. Using Rapid Payments Monitor, your call centre agent will monitor the full payment process relayed through our PCI DSS Level 1 secure environment, directly to your call centre agent’s computer screen.
- Upon receipt of payment, your Customer is transferred back to your call centre agent. The payments are transmitted in real time, providing your call centre agents with live confirmation from the bank.
6. RapidPay Request
- With RapidPay Request, powered by Rapid Payments Africa, your call centre agent enters the customers mobile phone number to process the payment. RapidPay Request will deliver a real-time virtual terminal to the customer device for entering sensitive payment information. Your call centre agent will monitor the full payment process relayed through our PCI DSS Level 1 secure environment, directly to your call centre agent’s computer screen.
- The call centre agent and customer remains on call at all times. The agent can prompt the customer for certain data and assist the customer where required. Rapid Payments Request payments are processed live and in real-time.
SOFTWARE LICENCE
In consideration of you agreeing to abide by these Service Terms, we grant to you and a limited number of call centre agents (per agent seat) (“Users”), a non-transferable, non-exclusive licence to use the Software associated in and to the provision of the Service for so long as you pay the Services Fees (defined in paragraph 6 below) for the period as described in the Application Form (“User Licence”).
TRAINING
1.
Upon your prior written request, we, or a nominated third party service provider, may provide to you or your nominated call centre agent(s) once-off training on the use of the Services and associated Software as specified in our Integration Documents. You are required to notify us in writing at the Commencement Date of the Service if you require such training and the location of such training (provided that such training is in South Africa). You may also receive training remotely.
2.
Any additional training required by you or your call centre agents shall be provided by us on a times and materials basis at our standard rates then in force.
SERVICE FEES
1.
Unless otherwise agreed with you in writing, in consideration for the provision of the Services and the licence to use the Software, you shall pay the fees and charges (“Service Fees”) as specified in the Application Form, consisting of:
- a once-off, non-refundable installation fee; (if applicable)
- the applicable User Licence fees; and
- Payment Mode Fees (as defined in paragraph 6.3)
- Payment Card Data – Data Security Standards (PCI-DSS) Fees where applicable.
2.
You understand and agree that the duration of each User Licence and the corresponding User Licence fees will depend on the payment option you select in your Application Form. The two payment options which are available to you are:
- The Annual 12 (twelve) Month Option
- If you select the 12 month option, you will be charged an annual licence fee per User (“Annual User Licence Fee”) on the Commencement Date of the Service in accordance with the payment terms set out in the Application Form.
- The number of Users (and the corresponding Annual User Licences Fee) is accumulative in nature and may be increased by you on prior written notice to us. The increase in the number of Users and the corresponding Annual User Licence Fee(s) shall be effective from the month following confirmation of your written request to Rapid Payments.
- The 24 Month Option
- If you select the 24 month option, you shall be charged a monthly User Licence fee per User (“Monthly User Licence Fee”) from the Commencement Date of the Service for a minimum period 24 (twenty four) months in accordance with the payment terms set out in the Application Form.
- The number of Users (and the corresponding Monthly User Licence Fee) is accumulative in nature and may be increased or decreased by you on one month’s prior written notice to us. The increase or decrease in the number of Users and the corresponding Monthly User Licence Fee(s) shall be effective from the month following confirmation of your written request by Rapid Payments.
- The Month to Month Option
- If you select the month to month option, you shall be charged a monthly User Licence fee per User (“Monthly User Licence Fee”) from the Commencement Date of the Service and in accordance with the payment terms set out in the Application Form. All month to month services strictly require one calendar month notice.
- The number of Users (and the corresponding Monthly User Licence Fee) is accumulative in nature and may be increased or decreased by you on one month’s prior written notice to us. The increase or decrease in the number of Users and the corresponding Monthly User Licence Fee(s) shall be effective from the month following confirmation of your written request by Rapid Payments.
- In addition to the User Licence fees and the once-off installation fee, you will be charged a payment mode fee each instance the call centre agent attempts to complete the payment process in a PCI secure environment and this is referred to as a transaction fee in your Application Form and occurs when a payment is submitted to the Rapid Payments environment (the “Transaction Fee”). You will be charged the Payment Mode Fee irrespective of whether the transaction is successful.
- Unless otherwise specified in your Application Form, Service Fees are due as follows:
- Once-off installation fees: upfront prior to installation commencing;
- Annual/monthly fixed fees: in advance within 30 days of receipt of invoice depending on the option you have selected;
- Transaction fees: in arrears within 30 days of receipt of invoice.
- In certain limited instances, in the event you require additional services not agreed between you and Rapid Payments at the Commencement Date, we may charge you additional service fees on a times and materials basis at our then current standard rates subject to agreement.
DISCLAIMER & LIMITATION OF LIABILITY
1.
In addition to and without limiting the disclaimer provisions set out in the General Terms, but subject to your legal rights, the Service is provided to you without any warranty or representations (including that the service be error free, accurate and/or complete) and not subject to any condition, except as may be expressly provided otherwise in the Agreement.
2.
You understand and acknowledge that the Service, as read with the General Terms, shall always be subject to the terms and regulations imposed by Rapid Payments payment processors and service providers and your bank.
CONSEQUENCES OF SUSPENSION & TERMINATION
If you use the Service in a manner that violates the Agreement, including but not limited any prohibited conduct described in the General Terms or any other applicable Service Terms, we may be entitled to suspend or terminate the provision of the Services, as stated in the relevant provisions of our General Terms