This user agreement will be effective for all users as of January 1, 2025.

 

1. Introduction
   This agreement is between AO Pay (Pty) Ltd (AO Pay) and businesses using AO Pay services. By opening and using an AO Pay account, you agree to the terms set forth in this agreement. This agreement governs your use of your AO Pay account and services, which are intended exclusively for business clients.
   
   
2. Account Types
   AO Pay offers Business Accounts that enable businesses to send and receive payments, manage transactions, and access a range of services tailored for commercial use.
   
   
3. Client Responsibilities
   Businesses must ensure compliance with all applicable laws, including anti-money laundering (AML) regulations, data protection laws, and any other regulatory requirements. Clients are responsible for providing accurate and up-to-date information and for the proper use of AO Pay services.
   
   
4. Communication
   AO Pay will communicate electronically via email or phone to keep you informed of account activity, updates, and service changes. Business users may opt out of marketing communications but will continue to receive important transactional or service-related emails.
   If you provide your mobile phone number, you consent to receiving calls or messages related to your account. You can opt out of mobile notifications at any time.
   
   
5. Payment Methods
   AO Pay supports a range of secure and efficient payment methods to facilitate seamless transactions across multiple regions. The supported payment methods include:
   
   

South Africa

• Instant EFT – Secure electronic funds transfer with real-time payment confirmation.
• Absa Pay – Direct bank payment solution for Absa account holders.
• Capitec Pay – Fast and secure payments for Capitec customers.
• PayShap – Instant, low-cost payments via the PayShap network.
• Offline Payments – Cash-based or manual payment solutions for users without direct digital banking access.
  
  

Nigeria

• Offline Payments – Cash-based and manual payment solutions available for users without digital banking access.
  
  

Kenya & Ghana

• Mobile Money – Secure mobile wallet transactions, enabling fast and accessible digital payments.
  
  

AO Pay ensures compliance with regional banking and payment regulations to maintain a secure and reliable payment ecosystem.

6. Fee Structure and Pricing Tiers
   AO Pay provides volume-based pricing for businesses, with fees determined by your transaction volume and the specific services utilized. The applicable fee schedule for your business is provided separately and should be reviewed. Fees will not be subject to arbitrary changes, and any adjustments to fees will be communicated in advance to ensure transparency and fairness.
   
   
7. Service Levels and Limitation of Liability
   AO Pay is committed to maintaining high service levels; however, factors beyond AO Pay’s control, such as network disruptions or delays in banking systems, may affect service availability. While AO Pay will take reasonable steps to mitigate such risks, it cannot be held liable for losses resulting from circumstances beyond its control. In the event of a dispute regarding liability, businesses may request a review of the matter through an independent dispute resolution mechanism. AO Pay’s liability for direct losses is limited to the value of the transaction in question. Indirect or consequential damages, including but not limited to lost profits or business interruptions, will not be recoverable unless such exclusions would result in an unfair limitation of liability under applicable law.
   
   
8. Fraud Prevention and Security
   AO Pay utilizes fraud prevention tools and monitors accounts for suspicious activity. Clients are also required to implement internal measures to prevent fraud, including securing account credentials and ensuring the proper use of AO Pay services. In the event that fraud or suspicious activity is detected, AO Pay reserves the right to suspend or freeze accounts. However, businesses will be notified and given the opportunity to clarify or rectify the issue before any account suspension or freezing occurs, except in cases of severe or imminent risk.
   
   
9. Data Privacy and Protection
   AO Pay complies with all applicable data protection laws and is committed to protecting your business data. In case of a data breach, AO Pay will notify affected clients within 48 hours and take necessary actions to mitigate risks. Businesses are also responsible for maintaining their own data protection protocols, particularly when handling customer information through AO Pay services.
   
   
10. Dispute Resolution and Chargebacks
    Structured Dispute Resolution Process for Chargebacks and Transaction Disputes

• Step 1: Initiating a Dispute: A client or customer may initiate a dispute when they question the validity of a transaction. To start the dispute process, clients must notify AO Pay or Their Bank within 180 days from the date of the original transaction.
• Step 2: Temporary Hold on Disputed Funds: Upon opening a dispute, AO Pay will temporarily hold the disputed funds in the merchant’s account. These funds will remain frozen until the dispute is resolved or escalated.
• Step 3: Escalation to Chargeback Claim: If the dispute cannot be resolved between the client and the customer within 7 days, either party may escalate the matter to a formal chargeback claim or seek independent arbitration or mediation as an alternative.
• Step 4: Submission of Documentation: Merchants must provide the requested documentation to AO Pay in a timely manner to support their position in the dispute.
• Step 5: Resolution and Decision: AO Pay will review the evidence submitted by both parties and make a final decision based on the available information. If either party chooses independent arbitration or mediation, AO Pay will consider the outcome of that process in making its final decision.
• Step 6: Compliance with Final Decision: Both parties are required to comply with AO Pay’s final decision or the outcome of any independent arbitration or mediation process, whichever is applicable.
  
  

11. Refund Policy
    Refunds will be processed according to AO Pay’s business policies, typically refunded to the original payment method where applicable. All refund requests must comply with AO Pay’s standard procedures and timelines.
    
    
12. Post-Termination Obligations
    If an account is terminated, the business remains responsible for any pending disputes or unresolved financial obligations. AO Pay will manage any outstanding transactions and process any remaining funds according to its policies.
    
    
13. Prohibited Activities
    Breach of this agreement, AO Pay’s Acceptable Use Policy, or any other agreement between you and AO Pay.
    Violation of any law, statute, ordinance, or regulation (e.g., those governing financial services, consumer protection, unfair competition, anti-discrimination).
    Sale of counterfeit goods or engaging in fraudulent business practices.
    Providing false, inaccurate, or misleading information.
    
    
14. Right to Decline Service
    AO Pay reserves the right to decline services to any business client at its discretion if it determines that the client presents an unacceptable risk or has violated the terms of this agreement. However, AO Pay shall exercise this discretion reasonably and justifiably, ensuring that any decision to decline services is based on objective criteria and aligned with the terms and spirit of this agreement.
    
    
15. Governing Law and Jurisdiction
    This agreement is governed by the laws of South Africa. Any disputes arising from this agreement will be handled within the legal jurisdiction of South Africa. For international clients, disputes may be resolved through binding arbitration in South Africa or another agreed jurisdiction.
    
    
16. Force Majeure Clause
    Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, governmental restrictions, strikes, or disruptions in electronic or financial networks.
    
    
17. Changes to the Agreement
    AO Pay reserves the right to update or amend this agreement, provided that notice of any changes is given at least 30 days in advance. Any amendments will take effect after the notice period, and AO Pay will ensure that such changes are reasonable and not unduly detrimental to its clients.