BUSINESS AGREEMENT – ECTO PAY AGENT

ECTO PAY TERMS AND CONDITIONS

When using ECTO PAY service provided by the ECTO PAY (PRIVATE) LIMITED which is registered under Company Registration No. PV 00208336, having its registered office at No. 37, Main Street, Oddamavadi -01, Sri Lanka. the following terms and conditions shall apply.

ECTO PAY on its own discretion entitles to reject any business agent.

ECTO PAY on its own discretion entitles to reject any agent wishes to register for ECTO PAY service

Enter into www.ectopay.com to find out details about ECTO PAY transaction service

1.DESCRIPTION

1. ‘Wallet balance’ means the electronic money transacted during ECTO PAY transactions electronically only.
2. RC.id means the transaction number assigned by ECTO PAY for each transaction
3. Current Credited means the total value of overdraft maintained by the business agent at the ECTO PAY
4. Website means www.ectopay.com
5. CTO terms and conditions mean the terms and conditions mentioned herein which could be revised by the ECTO PAY from time to time on its discretion.
6. Distributor means a person or an organization appointed by ECTO PAY who purchases the e money from the ECTO PAY in bulk to distribute to the dealer, retailer within his approved boundary in order to activate ECTO PAY service
7. Dealer means a person or an organization appointed by ECTO PAY who obtains e money in bulk from the ECTO PAY or from the Distributor in order to distribute to the Retailor
8. Retailor means a person or an organization appointed by ECTO PAY or by Distributor who obtains e money from ECTO PAY or Distributor or Dealer to provide all services included in ECTO PAY to the consumer.
9. Web service means a website to activate ECTO PAY service or to inspect the reports
10. SMS Service means ‘sending SMS in a specified method from telephone numbers approved by ECTO PAY in order to activate ECTO PAY service.
11. Android Service means a software to activate through internet or SMS to get ECTO PAY service.
12. Event beyond control means rules of the Govt. or a regulatory body , war, national emergency situation, accident, fire, lightning, deactivation of equipment, inactivation of computer system or software, power failure, outage , obstruction caused to ECTO PAY or network or to the equipment by third party or destruction, commotion, strike, walk out ( related to our workers or labor dispute not related)
13. Password means secret code to access ECTO PAY website
14. ECTO PAY transaction means a transaction carried out in the country in Sri Lankan currency

2.COMMENCEMENT

1. Transaction may be commenced on the date of approving the business agent’s registration at ECTO PAY for ECTO PAY service. These terms and conditions shall be in force till they are dismissed or brought to dismissal.

3.QUALIFICATIONS

1. ECTO PAY business agent should be resident of Sri Lanka
2. Should be more than 18 years old
3. Should hold telephone number registered in Sri Lanka

4. USAGE ECTOPAY SERVICE

1. ECTO PAY e money should be used in Sri Lankan Rupee and for the local transaction only.
2. ECTO PAY in its sole discretion shall make the following arrangements to ECTO PAY business agents to engage in transactions on behalf of the ECTO PAY
3. Providing pre-paid and reload service to all telephoneslines available in Sri Lanka
4. Providing post-paid service to all telephone lines, electricity, water, TV, internet available in Sri Lanka.
5. Providing money transaction service between telephones operated by telecommunication organizations in Sri Lanka.
6. Providing e money transfer service from ECTO PAY account to another ECTO PAY account.
7. Any additional transaction facilities provided under ECTO PAY service shall be notified in the website from time to time.
8. Value added service provided by ECTO PAY: example: Checking balance money, changing private secret code, shortened statement of account (details of last 03 ECTO PAY transactions)
9. ECTO PAY business agent can get e money lying in the telephone numbers registered for the ECTO PAY business agent.
10. In the event SIM card registered for ECTO PAY business agent is lost or damaged or the said SIM card is made invalid by the company, another telephone number could be obtained by contacting ECTO PAY call center.
11. Any confirmation made from SIM card belonging to telephone number registered for ECTO PAY business agent shall be considered a confirmation given by the ECTO PAY business agent who is bound by this confirmation as well.
12. When accessing any section of ECTO PAY through SIM card registered for business agent or through website the said business agent shall be bound to it.
13. Request for all payments and withdrawal by ECTO PAY business agent shall be settled mostly within five working days.
14. ECTO PAY transaction cannot be revised.
15. ECTO PAY should be allowed to inspect transaction register and records maintained by ECTO PAY business agent.
16. ECTO PAY business agent should confirm that ECTO PAY business agent and its employees are in familiarization with conditions and practice of ECTO PAY service and itshould provide best customer service along with consumer care.
17. ECTO PAY business agent is not entitled to obtain e money from the consumer or grant any loan, or pay interest or profit from the e money account balance or to purchase e money at discounted rate or to provide any facility above the money value of deposit made by e money holder.

5. DUTIES AND RESPONSIBILITIES OF ECTO PAY BUSINESS AGENT

1. ECTO PAY business agent should ensure the safety and security of terminal assigned to ECTO PAY business agent by ECTO PAY. He should also refund the cost of damage or loss caused to the terminal.
2. Should certify that the information supplied by the ECTO PAY business agent for registration is true and correct.
3. ECTO PAY business agent should supply additional information requested by ECTO PAY from time to time. Failure to do so may lead to suspend or terminate service on the discretions of ECTO PAY.
4. Information supplied by Business agent could be used, stored, investigated or can be exchanged with any statutory authority.

5.5 In respect of loan and overdraft

1. ECTO PAY or distributor or dealer can grant loan to their subordinate ECTO PAY business agent on their discretion.
2. Business agent is bound to pay back the said loan within 12 hours.
3. ECTO PAY shall under no circumstance instruct that granting such loan is a must and it should be confirmed that ECTO PAY is not accountable for such loan
4. When any ECTO PAY business agent fails to refund and neglect to settle the said loan or overdraft obtained by ECTO PAY business agent then he is responsible to pay the cost incurred on legal action taken by ECTO PAY or its business agent plus the loan amount excluding the interest.
5. ECTO PAY business agent should not register ECTO PAY account fraudulently and ECTO PAY business agent is solely responsible for consequences resulting from this kind of impersonation. Using ECTO PAY service improperly may lead to inform the officers who are authorized to suspend or terminate the ECTO PAY service
6. ECTO PAY business agent can deposit or withdraw from the account of his authorized ECTO PAY agent
7. ECTO PAY service is bound by all demands initiated by any terminal in respect of transaction and it is the final witness of ECTO PAY business agent.
8. When a ECTO PAY business agent registers another new agent he should be resident of Sri Lanka and above 18years old.
9. Business agent should not violate his obligation bound under this agreement.
10. Distributors and Dealers appointed by ECTO PAY should keep the information, received on organizations and individuals who enroll as new ECTO PAY business agents, safely and confidentially till it is submitted to ECTO PAY and they are responsible to maintain its confidentiality.
11. No one is entitled to assign or transfer the ECTO PAY service to third party without the written consent of ECTO PAY and it should be used by ECTO PAY business agent only. ECTO PAY shall not be responsible for cost, loss, damage or loss of income, loss of profit or any other direct loss likely to be caused due to transferring to a third party by ECTO PAY business agent without the written consent of ECTO PAY.
12. ECTO PAY business agent cannot keep or use the ECTO PAY account and ECTO PAY service as a bond or collateral to any work. ECTO PAY shall not be responsible for cost, loss, damage or loss of income, loss of profit or any other direct loss likely to be caused due to keeping or using ECTO PAY account and ECTO PAY service as a bond or collateral to any work by ECTO PAY business agent without the written consent of ECTO PAY.
13. ECTO PAY and business agent shall not accept responsibility for request to cancel the wrong transactions taken place based on wrong information supplied by the consumer.
14. ECTO PAY shall not be responsible for cost, loss, damage or loss of income, loss of profit or any other direct loss likely to be caused to ECTO PAY business agent due to event beyond the control ( vide 1.12)
15. On the receipt of improper or defective data or information or data that is considered not received by ECTO PAY or any suspicious information or message ECTO PAY business agent should inform the ECTO PAY.
16. ECTO PAY business agent should take all necessary steps to increase and to popularize ECTO PAY service
17. In order to purchase required e money ECTO PAY business agent should deposit equal value into the bank account as directed by ECTO PAY.

6. TERMINATION OF CONTRACT

1. ECTO PAY is entitled to terminate this agreement with appropriate reason or without reason. In the event such termination occurs the said business agent should remove his e money within seven days from such termination date
2. ECTO PAY should not be accountable to any one or to take responsibility due to loss or expenses incurred as a result of supply, usage, cancellation and termination of ECTO PAY service or as a result of deliberate carelessness.
3. ECTO PAY is not responsible for acting on the confirmation sent by the ECTO PAY business agent from his exclusive registered SIM card or website. In the event the ECTO PAY service receive such confirmation ignoring wrong, fraud, fraudulent conduct, careless, ambiguity or misunderstanding contained therein, such confirmation cannot be cancelled and the ECTO PAY business agent is bound for such error or defective.

7. SETTLEMENT OF DISPUTE AND LEGAL FRAME WORK

1. These terms and conditions should be regulated by law prevailing in Sri Lanka and they should be interpreted in terms of such Act. ECTO PAY business agent hereby accepts unconditionally and irrecoverably that all purposes in respect of those terms and conditions fall within the jurisdiction of Sri Lankan courts. Content in this clause cannot limit the ECTO PAY to take action or initiate action against the ECTO PAY business agent at other court or within the competent jurisdiction.
2. These terms and conditions could be translated into other languages and Tamil clause shall supersede when there is an ambiguity or vagueness arises.
3. ECTO PAY should exert all necessary efforts to settle or resolve all disputes and the ECTO PAY business agent should hereby agree that ECTO PAY’s decision in respect of those disputes shall be final and conclusive.
4. ECTO PAY transactions mentioned herein and incident note book maintained by ECTO PAY shall be considered as an acceptable document in respect of the said dispute. Information extracted from the said incident note book shall be final and conclusive while resolving the dispute.

8. ACCOUNT AND TRANSACTION DETAILS

1. ECTO PAY business agent shall enjoy the facility of obtaining details of last three transactions through SMS system.
2. Final balance shall also be known by SMS system
3. Facility shall be provided to access full state of account for three months through internet or Microsoft excel file that can be downloaded free of charge.

9. FRAUD, THEFT, DISAPPEARANCE

1. ECTO PAY service shall be the property of ECTO PAY at and under any circumstance and the ECTO PAY business agent should also recognize the same. ECTO PAY service should be used and maintained with utmost care and diligence. There should not be unnecessary intervention to ECTO PAY service and no one should be allowed to intervene on the same.
2. ECTO PAY business agent should inform the Customer Service unit, ECTO PAY immediately, when the registered SIM card of ECTO PAY business agent is lost, any fraudulent act, theft, suspicious act or unlawfully using ECTO PAY account are detected . Under this circumstance another SIM card acceptable to ECTO PAY shall be issued or all required assistance shall be provided. ECTO PAY is not liable for cost, loss, loss of profit or loss of income or any other form of loss likely to be caused asa result of this incident.

10. SEVERANCE AND SUSPICION OF SERVICE

1. On the absolute discretion of ECTO PAY it may impose conditions or limitations on business agent to change procedure adopted on ECTO PAY service or to suspend or to terminate the usage of ECTO PAY service immediately by notifying the ECTO PAY business agent accordingly.
2. ECTO PAY is also entitled to suspend or terminate on matters which are not defined herein or under the following circumstances.
3. As per the ECTO PAY opinion ECTO PAY business agent is involved in fraudulent or unlawful or criminal act or misstatement.
4. ECTO PAY business agent violates any terms and conditions or involves in act which is harmful to ECTO PAY.
5. ECTO PAY business agent violates any Act, statutory law, by law, rules or regulations of any party or regulatory body.
6. ECTO PAY business agent submits false documents or declares untrue information when applying for ECTO PAY service.
7. ECTO PAY business agent acts with malicious intention or ECTO PAY considers that ECTO PAY business agent actions may lead to adverse effect to the rights of ECTO PAY.
8. When service provider for the registered card service suspends or cut down the service or when other obstacle is encountered, ECTO PAY service through such SIM card shall be terminated. (However, service through website shall continue unhindered)
9. A comprehensive written notice duly submitted through Distributor, Dealer or directly to ECTO PAY by the ECTO PAY business agent in respect of termination of ECTO PAY service the said service may be brought to termination under any circumstance. When such written notice is acknowledged and accepted, ECTO PAY business agent should remove his e money within seven days.

11. CONSEQUENCES RESULTING FROM SERVICE SEVERANCE AND SUSPENSION

1. When ECTO PAY service is terminated or the period (seven days) is expired, the balance amount found in the ECTO PAY account shall be refunded to ECTO PAY business agent after deducting fee, levy etc.
2. ECTO PAY business agent should agree that when ECTO PAY terminates or suspends any part of Section10, ECTO PAY is not bound to refund or repay the balance amount found in the ECTO PAY account till approval from the relevant officers is received.
3. ECTO PAY business agent does hereby agrees to pay a fee and all arrears to be paid to ECTO PAY or any other amount specified by ECTO PAY for re connection of service subsequent to the suspension of ECTO PAY service and the service could be resumed on the discretion of ECTO PAY.
4. Provisions in Section 11 shall not bring harm to the rights of ECTO PAY coming under these terms and conditions or coming under lawor authority

12. ECTO PAY TERMS & CONDITIONS - RESUMPTION AND REVISION

1. ECTO PAY shall protect and save its right to revise or change or review from time to time without giving any notice when ECTO PAY considers it is necessary to do so and the ECTO PAY business agent should be bound to such revision, change or review. Further notice in respect of this matter could be handed over to ECTO PAY agent through a suitable media in all three languages, Sinhala, Tamil and English.

13. OBLIGATIONS-DEFINITIONS

1. ECTO PAY shall avoid all liabilities arising from this agreement to the maximum extent of approval granted by the law not considering any other provisions of this agreement.
2. ECTO PAY is not liable for cost, loss, loss of profit or loss of income or any other form of loss likely to be caused as a result of using ECTO PAY service by the ECTO PAY business agent or any direct or indirect cost. ECTO PAY obligation should be limited to the ECTO PAY business agent for ECTO PAY transaction only though (including violation or neglecting statutory obligation) civil crime or any other form of violation is mentioned as above.
3. ECTO PAY business agent hereby agrees to safeguard the ECTO PAY from indemnity obligation for all kinds of claim which leads to loss, damage, liability or expenses due to fraud arising on sending or to be sent or storing ECTO PAY service or its part, carelessness, violation of confidentiality, copyright intervention, breach of trust, privilege, noncompliance of legal Act or order or unauthorized or improper usage of ECTO PAY or its portion.
4. If a party believes that an event beyond control is the hurdle to execute own obligation under this, other party should be informed in writing. If failed, the said party should be prevented by showing the said event beyond control as a self-explanation under such circumstance. If such event continues for three months, ECTO PAY service is entitled to terminate its service with immediate effect by one party informing the other party not considering the tenth clause in these terms and conditions.

15. DIVERSITY AND CONSEQUENCES OF ACTION OF TERMS AND CONDITIONS

1. It is unlawful practice to make a provision herein invalid under any lawful Act. By doing so this practice should not bring any harm to other provisions and it should be considered that this kind of invalid and unpractical provisions are settled.

16. NOTICE

1. Unless otherwise specified, ECTO PAY business agent should be notified when ECTO PAY publishes in the website or when published in Sinhala, Tamil, English dailies (on the publication date) or when sent by e mail or prepaid letter (next day of date on which the letter was sent) or when written message is sent from ECTO PAY service official outgoing SMS number to ECTO PAY business agent’s registered SIM number .Further it should be considered that the said notification was duly delivered and it was duly acknowledged by the ECTO PAY business agent when it is sent in this manner.

I/We do hereby declare that I/We am/are resident of Sri Lanka and above 18 years old and proprietor of registered SIM number. I/We further declare that I/we have read and understood the above mentioned terms and conditions and agree to bind by these terms and conditions. I further agree to pay all fees and levies. I further request to provide ECTO PAY service by opening a ECTO PAY account please.