Below are the conditions of service for M-Pesa Agents/Merchants in order to uphold and abide by the operational and compliance requirements.
1. WHAT IS VCLFS M-PESA
1.1. M-Pesa is a service provided by VCLFS that offers users the cheapest, quickest and safest access to a range of products and services through the use of mobile phone.
1.2. M-Pesa enables users to exchange cash for E-Money and vice versa at any approved M-Pesa agent. E-money is available from any M-Pesa agent and super-agent to enable users to conduct various transactions including to send money to each other, buy Vodacom airtime, pay bills and/or buy goods at M-Pesa Merchants, etc.
2. M-PESA AGENT/MERCHANT RESPONSIBILITIES
2.1. All materials and equipment issued to You by Us belong to VCLFS and shall remain the property of VCLFS at all times and from time to time will be serviced and replaced by VCLFS.
2.2. You are required to manage Your own cash flow to ensure You have E-Money float as well as cash available to service M-Pesa Users daily. You shall provide M-Pesa service in compliance with the tariffs set by VCLFS.
2.3. In the case of theft and / or loss, You shall be responsible for replacing the device(s) and the sim card.
2.4. Registration of Users.
2.4.1 When registering a user, You must take care to ensure that:
a) The user is made aware of the M-Pesa Terms and Conditions of user prior to signing the registration form.
b) All information on the user registration form has been fully and accurately completed.
c) The user has signed the registration form.
d) You obtain a copy of the registering user’s identification document and proof of residence, and
e) The identification document and proof of residence fall within the list of approved documentation.
2.5 Record keeping
2.5.1 All the below details must be recorded in the logbook in respect of unregistered users and You must comply with the VCLFS Document Management Policy:
b) M-Pesa Operator
c) M-Pesa Transaction ID (from the electronic receipt);
d) Transaction Value
e) Customer name and ID, and
f) Customer’s signature
3. FLOAT MANAGEMENT
As an M-Pesa agent;
a) You are required to manage your own cash flow to ensure that you have sufficient E-Money float as well as cash available to service M-Pesa users daily. However, as VCLFS, our responsibility is to help you in the management of float through float distribution channels (Kiosks, Aggregators and Super-Agents).
b) Your initial investment value must be a minimum of M 5000.00 when conducting operations in busy areas and M 3,500.00 when operating in remote places with less busy areas.
4.1. For providing the VCLFS M-Pesa services to VCLFS M-Pesa users, you will receive a commission based on the number and type of transactions you have carried out in accordance with the commission structure issued to you.
4.2. VCLFS will split the commission earned between You and the super-agent, whereby 80% will be paid to you and 20% will be paid to the super-agent.
4.3. You shall only be entitled to commission per transaction.
4.4. Any changes in the commission structure shall be the sole discretion of VCLFS.
5. REPORTING & INSPECTION OF RECORDS
You acknowledge that your business operations and outlets shall be inspected by VCLFS, its agents and/or regulators at any time to ensure compliance with the terms and conditions of the service.
6.1. Any changes regarding transaction fees will be communicated from time to time by VCLFS and twenty-one (21) calendar days’ notice will be accordingly granted.
6.2. You shall provide M-Pesa services in compliance with the tariffs set by VCLFS.
7. ANTI MONEY LAUNDERING (AML) COMPLIANCE & ANTI- BRIBERY
7.1. You shall comply with all Applicable Laws relating to AML and general Anti-Money Laundering and combat of terrorism controls as contained in the agent procedure manual.
7.2. You shall refrain from the use of M-Pesa to facilitate acts of money laundering and terror financing.
7.3. You shall promptly notify VCLFS of any suspicious or unusual transactions undertaken or attempted at your M-Pesa Agent till.
7.4. You shall comply with VCLFS Anti- Bribery and Corruption policy and You shall refrain from engaging in corrupt and fraudulent practices.
7.5. You shall notify VCLFS of any allegation of fraud, bribery or corrupt practices made against You in court, arbitration or administrative proceedings, or if any investigation is commenced in respect of such allegations made against You; at any time during the term of this Agreement.
7.6. As an M-Pesa Agent, You shall undergo AML training by VCLFS before commencement of the operations.
7.7. You shall be required to comply with the refresher due diligence requirements when necessary, failure of which You shall be suspended.
7.8. You are prohibited from executing split deposits, direct deposits and withdrawals, execution of the same shall enjoin VCLFS to suspend or close your M-Pesa operations.
8. CONFIDENTIALITY AND PRIVACY STATEMENT
8.2 VCLFS and all its associated companies are committed to respecting the privacy of Your personal data. To demonstrate our commitment, VCLFS has put in place a customer privacy statement (available on the website) in order to communicate its intent to provide effective processes for the appropriate handling of such personal information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
8.3 We VCLFS may disclose Your Personal information if required to do so by law or in the good-faith where such disclosure is reasonably necessary to;
a) comply with regulatory requirements
b) Legal Processes
c) Enforce the terms of this Agreement
d) respond to claims that the Client’s use of the M-PESA Service violates the rights of third parties or
e) protect the rights, property or personal safety of VCLFS, our subscribers or the public.
As an M-Pesa Agent,
9.1 In the event where You acquire the services of an operator, it shall be Your responsibility to conduct Due Diligence and submit the same to VCLFS.
9.2 You shall notify VCLFS of any changes that may affect Your M-Pesa Operations, that being change of the operator, change of location etc.
9.3 VCLFS shall make use of either SMS or calls as a mode of communication with you where need for such communication arises. You shall be liable to pay-back the money of the customer that You unlawfully use.
9.4 You will be required to make immediate payment of customer funds that re deposited into your wallet and You unlawfully use them.
9.5 You undertake that You have been duly trained on all M-Pesa operations, compliance, AML, Operational Processes and fraud, and thus any loss resulting from. Your direct or indirect negligence, misconduct and misrepresentation of the above shall be Your sole responsibility.
10. BREACH CLAUSE
Your Failure to comply with these terms and conditions will be deemed as breach of contract and will result in sanctions such as suspension and/or deactivation being imposed against You.