araka

Terms and Conditions

1. Preamble

These terms and conditions define the general conditions for using the services offered by PROXYPAY SARL through its platform. They apply to any user who accesses the platform or the online payment service(s) it offers.

PROXYPAY SARL provides users with online payment channels and services through its secure platform. Any access to these online payment channels and services implies unconditional and irrevocable acceptance of these terms and conditions, hereinafter referred to as the Contract.

Definitions and Concepts

  • Affiliated Company(ies) : A company that is linked to another company, generally called a Parent company or holding, by a relationship of control or significant influence ;

  • Contract : A legally binding agreement between two or more parties ;

  • Applicable Law : The law in force in the country where PROXYPAY SARL is registered and operates ;

  • Proxypay SARL: The company offering payment services via ArakaPay, Chatbot, Arakapaybot, and ArakaTrans

  • Services: The company offering payment services via ArakaPay, Chatbot, Arakapaybot, and ArakaTrans

  • Platform: The company offering payment services via ArakaPay, Chatbot, Arakapaybot, and ArakaTrans

  • Online Payment Channels: Places where PROXYPAY SARL services are exposed, including chatbot, payment links, mobile application, USSD menu, and website ;

  • Chatbot: An automated tool allowing secure management and execution of payments via instant messaging (WhatsApp, Telegram) ;

  • Payment Links: An electronic invoice

  • Website: An electronic invoice

  • Arakapay: PROXYPAY SARL's platform enabling online payments, accessible via its payment channels ;

  • Arakapaybot: The chatbot used by PROXYPAY SARL for automated payments on WhatsApp and Telegram at number +243 810 000 730 ;

  • Merchant: Any entity using the PROXYPAY SARL platform to make or receive payments ;

  • Partner: Any organization affiliated with PROXYPAY SARL to provide the payment gateway ;

  • User or Customer: Any natural or legal person who accesses our platform to carry out transactions. The user as sender, beneficiary, recipient, or visitor of the platform www.arakapay.com

  • Payment Gateway: The electronic infrastructure provided by PROXYPAY SARL to perform payment ;

  • Third Party : Any natural or legal person who is not part of the Agreement ;

  • Operators : Any natural or legal person who offers any service to PROXYPAY SARL ;

  • Parties : Users and PROXYPAY SARL.

Regulation

It is specified that the provision of our Services is subject to the regulations in force in the Democratic Republic of Congo, particularly the Central Bank regulations, postal and telecommunications codes, the Telecommunications Regulatory Authority regulations, the digital code, and the law on the use of personal data.

Changes in legislation could lead to new conditions for the provision of Services as well as a modification of the financial conditions provided for in the Contract.

These modifications will apply immediately in place of the present ones after users are informed by PROXYPAY SARL.

Services

The services covered by these terms and conditions include:

  1. Purchase of airtime credit

  2. Recharge of prepaid cards

  3. Payment or recharge of SOCODEE electricity

  4. Purchase of SNEL electricity

  5. Payment of LIQUID INTELLIGENT internet subscription renewal

5. Terms of Use

The user accesses services through payment channels by providing required information.

Payment is made by bank card or mobile money.

The steps for using payment channels or services are:

  1. Registration and Identification

    • Using payment channels requires identification via a phone number or email address ;

    • Users must accept the terms and conditions of use before making any transaction.

  2. Service Availability

    • Services are accessible 24 hours a day, 7 days a week, except in case of maintenance or service disruption ;

    • PROXYPAY SARL reserves the right to interrupt service for updates or any other reason deemed necessary. In case of interruption, users will be informed.

  3. Fees and Commissions

    • Service fees apply to all transactions.

  4. Transaction Management

    • A message is sent to the user after each transaction ;

    • In case of failure, the user can contact support via our phone number, WhatsApp, or email.

  5. Privacy and Security

    • Information provided by users is stored and managed in accordance with PROXYPAY SARL's privacy policy ;

    • Using services implies acceptance of the use of cookies and other tracking technologies.

  6. Responsibilities

    • PROXYPAY SARL commits to ensuring service availability and reliability but cannot guarantee the absence of technical failures or disruptions ;

    • The user is responsible for the information provided and transactions made through our payment channels ;

    • PROXYPAY SARL cannot be held responsible for failures of third-party providers involved in service delivery.

  7. Modification of General Conditions

    PROXYPAY SARL reserves the right to modify these conditions at any time. Users will be informed of updates via appropriate communication channels.

    By using our services, the user accepts these terms and conditions and agrees to strictly comply with them.

6. Responsibility and refund by service

Specifics per service and possible scenarios

  1. Airtime purchase

    • Traitement : Use of payment channels requires identification via phone number or email address;

    • Responsabilités : The user must verify the number entry. PROXYPAY SARL is not responsible for operator errors.

      • ScénarioTraitementRemboursementResponsabilité
      Customer debited, credit not receivedAnalysis within 24h, refund within 5 daysYesPROXYPAY SARL
      Customer double debited, credit received only onceRefund within 7 daysYesPROXYPAY SARL
      Input error by customerNo refundNoCustomer

  2. Prepaid card recharge

    • Traitement : 48 business hours;

    • Responsabilités : The user is responsible for correct entry of their data.

      • ScénarioTraitementRemboursementResponsabilitéCommentaires
      Customer debited, card not rechargedInvestigation within 48h, refund within 7 daysYesPROXYPAY SARLRefund under certain conditions outlined below
      Customer double debited, recharge effective only onceRefund within 7 daysYesPROXYPAY SARLRefund under certain conditions outlined below
      Card number input error by customerNo refundNoCustomer-

    • Types d'erreurs et responsabilité par les Parties

      • ResponsabilitésTraitement
      PROXYPAY SARL
      - Status Mismatch: Araka & Mpesa- CallBack- Card has insufficient funds
      CLIENT
      - No card access for ProgramId- AccountId and last four digits of card mismatch- Network Error reaching GTP- One or more validation errors occurred- Account ID not found- No card access for ProgramId- Load amount of 95.00 would exceed the transaction limit of 1.00.- Invalid entries on the bot- Card is inactive- Request failed to GTP/connectivity drop- An error occurred in the API- Any other error not directly originating from PROXYPAY SARL

    • Conditions : Any error for which the customer is responsible will result in service fees, details of which are presented in the table below.

      • Montants ($)Frais
      1 - 50.002.50%
      50.01 - 2001.50%
      200.01 - 5001.00%
      500.01 - 25000.50%

  3. SOCODEE electricity payment or recharge

    • Traitement : Up to 2 business days.

    • Responsabilités : - SOCODEE is responsible for service activation;- The customer is responsible for correct entry of their information.

      • ScénarioSMS ?TraitementRemboursementResponsabilité
      Customer debited, recharge not effectiveNot receivedAnalysis within 72h, refund within 7 daysYesPROXYPAY SARL
      Customer double debited, recharge effective only onceReceivedRefund within 7 daysYesPROXYPAY SARL
      Meter number input error by customerReceivedNo refundNoCustomer
      Meter number input error by customerNot receivedNo refundNoCustomer

  4. LIQUID INTELLIGENT internet subscription payment

    • Traitement : Maximum 24 hours.

    • Responsabilités : PROXYPAY ensures fund transmission but not final execution.

      • ScénarioTraitementRemboursementResponsabilité
      Customer debited, subscription not effectiveInvestigation within 72h, refund within 7 daysYesPROXYPAY SARL
      Subscription number input error by userNo refundNoCustomer

7. Collection and protection of personal data

  • The user can view, correct, or delete their personal data ;

  • PROXYPAY SARL commits to taking all necessary measures to protect users' personal information, in accordance with Organic Law No. 20/017 of November 25, 2020, relating to telecommunications and information and communication technologies, as well as the digital legislation in force in the Democratic Republic of Congo ;

  • Any modification of data not communicated to PROXYPAY SARL cannot engage its responsibility.

8. Right of withdrawal

After confirmation of a transaction to access a service, no withdrawal is possible.

9. Security and confidentiality

  • PROXYPAY SARL commits to protecting users' personal data and ensuring secure transactions through advanced technologies ;

  • Customer data is stored separately from their bank card information and is processed through a secure site ;

  • The user is responsible for the confidentiality of their identifiers and passwords ;

  • Email correspondence not being secure, PROXYPAY SARL declines any responsibility regarding the transmission of information by this means ;

  • The user is informed that they are solely responsible for the confidentiality of their accounts, users, and passwords and releases PROXYPAY SARL from any responsibility in case of non-compliant or fraudulent use of these.

10. Complaints

Under penalty of rejection, any complaint must be filed via Customer Support within 60 days following the transaction.

11. Liability

PROXYPAY SARL's liability is limited to direct damages. In particular, PROXYPAY SARL cannot be held responsible on any grounds for loss of earnings or profits, business losses, damage to brand image, loss of customers, loss or dissemination of data, and more generally any indirect damage of any nature if its direct liability is not engaged.

PROXYPAY SARL's liability cannot exceed a total amount equal to the fees related to the Service, to be paid by the user.

PROXYPAY SARL's liability cannot be engaged in case of disruptions and/or total or partial unavailability and/or interruption of all or part of the services offered on networks operated by partners.

PROXYPAY SARL has an obligation of means in this regard.

12. Suspension

PROXYPAY SARL reserves the right to temporarily suspend the provision of the Service in case of platform maintenance.

13. Modification of general conditions

PROXYPAY SARL reserves the right to modify its terms and conditions at any time.

It is specified that Service rates may be subject to variation due to the legislator and/or in the event of modification of the tariff conditions of PROXYPAY SARL's operator/partners.

The user will be informed immediately of these modifications and, as quickly as possible, by all means.

14. Force majeure

PROXYPAY SARL's liability cannot be invoked in case of force majeure.

Without being exhaustive, the following are assimilated to cases of force majeure: Bad weather, attacks, acts or omissions of a public authority, agitations or rebellions, insurrections, riots, declared or undeclared wars, acts of a similar nature, strikes, sabotage, theft, acts of vandalism, explosions, fires, lightning, floods, and other natural disasters, a failure of telecommunications networks, an operator, the electricity distribution network, a failure of communication equipment used by PROXYPAY SARL or its partners, as well as an evolution of Central Bank regulations, telecommunications, or any decision, whatever it may be, modifying the conditions of use of the Service.

15. Acceptance of conditions

By using PROXYPAY SARL's chatbot, the user accepts these terms and conditions and agrees to comply with them.

The user acknowledges having read and accepted these terms and conditions.

16. Applicable law

These terms and conditions are subject to Congolese law.

Any dispute related to its interpretation and execution will be resolved amicably. In case of persistent dispute 14 days after a conciliation attempt, the competent Commercial Court of Kinshasa will be seized, following the intervention of a mediator chosen by mutual agreement, or failing that, designated by the competent Commercial Court of Kinshasa, who will be required to give their sentence within thirty days of being seized.