1. About Us
OSOFTPAY is a cash collection centric solution. It provides a platform where an enterprise can manage the collection of cash for various services or revenue from the point of generation to designated bank accounts.
2. Updates, Modifications & Amendments
We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Policy, the User must cease using this Site, or terminate account in the event an account has been created.
3. Age Restriction
4. The Information We Collect
Personal Information refers to the personal information you submit, when you sign up or any information that can be used to identify or contact you, (e.g. email address, password, name, telephone no and business name). It may also include anonymous information that is linked to you specifically, (e.g., IP Address).
We use your Personal Information to:
1. provide you with the required services.
2. respond to your questions or requests
3. improve OSOFTPAY’s operations
4. address inappropriate use of our website
5. prevent, detect and manage risk against fraud and illegal activities
6. target advertisements, newsletter and service updates
7. verify the information that you provide with third parties
8. update our database, improve content and website layout
9. resolve disputes that may arise
We may retrieve additional Personal Information about you from third parties and other identification/verification services such as your financial Institution, payment processor and verification services. With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using our services through your OSOFTPAY account we will keep records of your transactions and collect information of your other activities related to our services. We will not share or disclose your Personal Information with a third party without your consent.
4.2 Information that we collect from website visitors: We do not collect your Personal Information when you visit the website. However, so we can monitor and improve our website and services we may collect non-personally-identifiable information. We will not share or disclose this information with third parties except as a necessary part of providing our website and services. We may use the information to target advertisements to you.
4.3 Information that we collect from test users: When you test our services using the “Demo” part of our website, we collect both non-personally identifiable information and personally identifiable information. Information we collect include your IP address, information about your computer, and other standard web log information to monitor the test transactions. We also collect your email address and credit card information you provide to conduct the test transactions. We will not share and disclose your credit card information.
4.4 Information that we collect from checkout users: When you checkout with OSOFTPAY on a merchant’s website, we collect and store your payment card information, your email address and your mobile phone number.
6. How we protect your Information
OSOFTPAY is committed to managing your Personal Information in line with global industry best practices. We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, we also use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard your Personal Information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to our building and files and only granting access to Personal Information to only employees who require it to fulfil their job responsibilities.
7. How we share the Personal Information you provide
To enable us render our services to you on our website, we may share your information with trusted third parties, such third parties include financial institutions, payment processors verification services, as well as any third parties that you have directly authorized to receive your Personal Information. Your Personal Information may be stored in locations outside the direct control of OSOFTPAY, for instance, on servers or databases co-located with hosting providers.
8. The Data that we Retain
We will retain your information for as long as your account is active or as needed to provide you with our services, comply with our legal and statutory obligations or verify your information with a financial institution.
OSOFTPAY is statutory obligated to retain the data you provide us with to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and credit card processors.
Therefore, even after closing your OSOFTPAY account, we will retain certain data to comply with these obligations.
By signing up for an account on this website (https://www.osoftpay.net), 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!
OSOFTPAY (“we”, “us” or “our”) is an online payment gateway that makes it easy for merchants to accept credit and debit card payments online from users or customers.
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.
These Merchant Terms of Service is an agreement between you and OSOFTPAY. It details OSOFTPAY’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.
To use OSOFTPAY, you must create an OSOFTPAY merchant 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 Information
In 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 Warranties
You represent and warrant to OSOFTPAY 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 Federal Republic of Nigeria or any state or region of your organization and are duly authorized to do business in all other states or regions in which your business operates.
Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.
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, OSOFTPAY 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 OSOFTPAY’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access OSOFTPAY’s services and not sharing your device with other people).
You agree to comply with all applicable data privacy and security requirements under the Payment Card Industry Data Security Standard (“Association PCI DSS Requirements”) with regards to your use, access, and storage of certain credit card non-public personal information. Additionally, you agree to comply with your obligations under any applicable law or regulation as may be in effect or as may be enacted, adopted or determined regarding the confidentiality, use, and disclosure of cardholder information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards
We acknowledge that you own all your customers’ data. You hereby grant OSOFTPAY 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
4. any other purpose for which consent has been provided by your customer.
We hereby grant you a revocable, non-exclusive, non-transferable license to use OSOFTPAY’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 relating to the OSOFTPAY’s services. If you do not comply with the documentation and any other requirements provided by OSOFTPAY, then you will be liable for all resulting damages suffered by you, OSOFTPAY 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.
We hereby grant you a revocable, non-exclusive, non-transferable license to use OSOFTPAY’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 OSOFTPAY (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.
We do not grant any right or license to any OSOFTPAY 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.
You hereby grant OSOFTPAY 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.
The 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.
Card Network Rules
Each card network has its own rules, regulations and guidelines. You are required to comply with all applicable Network Rules that are applicable to merchants. You can review portions of the Network Rules at Mastercard, Visa, Verve and other payment cards. The Card Networks reserve the right to amend the Network Rules.
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. OSOFTPAY 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 Schedule
You 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. 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.
Security and Fraud Controls
OSOFTPAY 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. However, we cannot guarantee that unauthorized 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.
If you suspect any fraudulent activity by a customer, you agree to notify OSOFTPAY 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 OSOFTPAY. 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 our 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 30 (thirty) 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.
A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer 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 Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, 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
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 OSOFTPAY 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 OSOFTPAY a legal claim to the funds held in the Reserve as a lien or security interest for amounts payable by you.
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 OSOFTPAY to your customers in accordance with this Agreement and relevant Card Network Rules.
You may terminate this Agreement by closing your OSOFTPAY Account.
We may suspend your OSOFTPAY Account and your access to OSOFTPAY services and any funds, or terminate this Agreement, if;
1. you do not comply with any of the provisions of this Agreement;
2. we are required to do so by a Law;
3. we are directed by a Card Network or issuing financial institution; or
4. where a suspicious or fraudulent transaction occurs
Restricted Activities & Acceptable Use Policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using OSOFTPAY, 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.
We try to keep OSOFTPAY available always, 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 use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, OSOFTPAY 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 OSOFTPAY, 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, " OSOFTPAY parties") shall create any warranty.
Limitation of Liability
In no event will any of the OSOFTPAY 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 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 OSOFTPAY ’s website or services (including, without limitation, use, inability to use, or the results of use of OSOFTPAY ’s websites or services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory.
Some 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 OSOFTPAY 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 OSOFTPAY’s Party's liability shall be the minimum permitted under such applicable law.
You agree to defend, indemnify, and hold OSOFTPAY, 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 & Amendments
We 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.
We 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 Abuja Multi-Door Courthouse (“AMDC”) 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 AMDC. 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 Abuja, Nigeria.
By accessing or using OSOFTPAY, you agree to comply with the terms and conditions of this Acceptable Use Policy.
1. Restricted Activities
You may not use OSOFTPAY relating to any product, service, transaction or activity that:
violates any law or government regulation, or promotes or facilitates such by third parties;
violates any rule or regulation of Visa, MasterCard, Verve or any other electronic funds transfer network (each, a “Card Network”);
is fraudulent, deceptive, unfair or predatory;
causes or threatens reputational damage to us or any Card Network;
involves any of the business categories listed in clause 2; or
results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
2. Certain Business Categories
You may not use OSOFTPAY relating to any product, service, transaction or activity that:
falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria relates to the sale and/or purchase of:
a. banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety;
b. blood, bodily fluids or body parts;
c. burglary tools;
d. counterfeit items;
e. illegal drugs and drug paraphernalia;
f. fireworks, destructive devices and explosives;
g. identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
h. lottery tickets, sweepstakes entries or slot machines;
i. offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
j. police badges or uniforms;
k. prescription drugs or devices;
m. recalled items;
n. prohibited services;
o. stocks or other securities;
p. stolen property;
q. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
r. sales of currency without BDC license (cryptocurrency);
s. equity crowdfunding;
t. obscene material or pornography;
u. certain sexually oriented materials or services;
v. certain firearms, firearm parts or accessories, ammunition, weapons or knives; or
w. any product or service that is illegal or marketed or sold in such a way as to create liability to OSOFTPAY.
relate to transactions that:
a. show the personal information of third parties in violation of applicable law;
b. support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
c. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
d. pertain to ammunitions and arms; and
e. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (if it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from OSOFTPAY and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
3. Actions by OSOFTPAY
If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to OSOFTPAY and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:
Blocking the settlement or completion of one or more payments;
Suspending, restricting or terminating your access to and use of the OSOFTPAY’s Services;
Terminating our business relationship with you, including termination without liability to OSOFTPAY of any payment service agreement between you and OSOFTPAY;
Taking legal action against you;
Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
4. Updates, Modifications & Amendments
We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy.
We advise that you check this page often, referring to the date of the last modification on the page.
If you have any questions about our Terms & Policies, please contact us through the following channels:
Telephone: see contact us below