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
Enter into www.ectopay.com to find out details about ECTO PAY transaction service
- ‘Wallet balance’ means the electronic money transacted during ECTO PAY transactions
- RC.id means the transaction number assigned by ECTO PAY for each transaction
- Current Credited means the total value of overdraft maintained by the business agent
at the ECTO PAY
- Website means www.ectopay.com
- 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.
- 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
- 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 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.
- Web service means a website to activate ECTO PAY service or to inspect the reports
- SMS Service means ‘sending SMS in a specified method from telephone numbers
approved by ECTO PAY in order to activate ECTO PAY service.
- Android Service means a software to activate through internet or SMS to get
ECTO PAY service.
- 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)
- Password means secret code to access ECTO PAY website
- ECTO PAY transaction means a transaction carried out in the country in Sri Lankan
- 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.
- ECTO PAY business agent should be resident of Sri Lanka
- Should be more than 18 years old
- Should hold telephone number registered in Sri Lanka
4. USAGE ECTOPAY SERVICE
- ECTO PAY e money should be used in Sri Lankan Rupee and for the local transaction
- 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
- Providing pre-paid and reload service to all telephoneslines available in Sri Lanka
- Providing post-paid service to all telephone lines, electricity, water, TV, internet
available in Sri Lanka.
- Providing money transaction service between telephones operated by
telecommunication organizations in Sri Lanka.
- Providing e money transfer service from ECTO PAY account to another ECTO PAY
- Any additional transaction facilities provided under ECTO PAY service shall be
notified in the website from time to time.
- 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
- ECTO PAY business agent can get e money lying in the telephone numbers registered
for the ECTO PAY business agent.
- 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.
- 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.
- 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.
- Request for all payments and withdrawal by ECTO PAY business agent shall be settled
mostly within five working days.
- ECTO PAY transaction cannot be revised.
- ECTO PAY should be allowed to inspect transaction register and records maintained by
ECTO PAY business agent.
- 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.
- 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
- 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.
- Should certify that the information supplied by the ECTO PAY business agent for
registration is true and correct.
- 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.
- 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
- ECTO PAY or distributor or dealer can grant loan to their subordinate ECTO PAY
business agent on their discretion.
- Business agent is bound to pay back the said loan within 12 hours.
- 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
- 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.
- 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
- ECTO PAY business agent can deposit or withdraw from the account of his authorized
ECTO PAY agent
- 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.
- When a ECTO PAY business agent registers another new agent he should be resident of
Sri Lanka and above 18years old.
- Business agent should not violate his obligation bound under this agreement.
- 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.
- 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.
- 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.
- 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.
- 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)
- 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.
- ECTO PAY business agent should take all necessary steps to increase and to popularize
ECTO PAY service
- 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
- 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
- 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.
- 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
- 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.
- These terms and conditions could be translated into other languages and Tamil
clause shall supersede when there is an ambiguity or vagueness arises.
- 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.
- 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
- ECTO PAY business agent shall enjoy the facility of obtaining details of last three
transactions through SMS system.
- Final balance shall also be known by SMS system
- 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
- 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.
- 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
- 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
- ECTO PAY is also entitled to suspend or terminate on matters which are not defined
herein or under the following circumstances.
- As per the ECTO PAY opinion ECTO PAY business agent is involved in fraudulent or
unlawful or criminal act or misstatement.
- ECTO PAY business agent violates any terms and conditions or involves in act which is
harmful to ECTO PAY.
- ECTO PAY business agent violates any Act, statutory law, by law, rules or regulations
of any party or regulatory body.
- ECTO PAY business agent submits false documents or declares untrue information
when applying for ECTO PAY service.
- 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.
- 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)
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.