Terms ofService

This agreement

These terms are an agreement between your business and Sendexa Limited, a company registered in Ghana (number BN133690226), with its registered office at VX-0117-5279, AKATSI BYPASS NEAR MIGHTY GAS STATION, AKATSI, GHANA. Xtopay is one of our products. In these terms, “we” and “us” mean Sendexa Limited, and “you” means the business that has the Xtopay account.

You agree to these terms when you create an account, or when you join a business's team on Xtopay. If you create an account for a business, you confirm that you're allowed to agree to them on its behalf.

These terms work together with our Acceptable Use Policy, Privacy Policy, Refund Policy and Anti-Money Laundering statement. Together they're the whole agreement between us about Xtopay.

What Xtopay does

Xtopay lets your business take payments from its customers and pays the money out to you. Customers pay you through your payment links, your page at xtopay.me, invoices, the checkout on your own website, or charges you start through our API. We collect each payment, keep a balance for your business, take our fee, and pay out the rest to your Mobile Money wallet or bank account.

We collect and pay out through our payment partner, appsNmobile, and the mobile money networks, banks and card schemes they work with. How Xtopay is licensed to collect and settle for businesses: under appsNmobile's Bank of Ghana licence, or its own.

We're not a bank. Your balance isn't a deposit or a savings account, it doesn't earn interest, and it isn't covered by a deposit protection scheme. It's money we're holding on its way to you.

We're also not the seller. When a customer pays you, they're buying from your business, and what they bought is between you and them.

Your account

To have an account, you must:

• be a business, or a person in business, based in Ghana;
• be at least 18 years old, if you're the one signing up;
• give us true and complete details, and keep them up to date; and
• not have had an account closed by us before, unless we agree.

Your username is your link (xtopay.me/your-username). It must be yours to use: not another business's name or a brand you don't own. We can ask you to change a username that misleads people.

The person who creates the account is its owner. The owner can invite others to the team and choose what each of them can do. You're responsible for everything done on your account, by your team or with your API keys, so give access only to people you trust, and remove it when they leave.

Keep your sign-in safe. Owners must use two-step sign-in with an authenticator app, and the owner can require it for the whole team. Never share a password, a code or a backup code. If you think someone else has got into your account, tell us straight away at hello@xtopay.co.

Verifying your business

Before we pay out to you, we need to know who you are. We'll ask for your business's details (such as its registered name, registration number and Tax Identification Number) and check the owner's identity with a Ghana Card and a selfie. The identity check is done for us by Sendexa Verify.

You can share your links and take payments before you're verified. Payouts, live transfers and live direct charges through the API wait until you are.

We may ask for more at any time: documents, details about what you sell, or about a payment. We can refuse to verify a business, or take verification away, if what we're told isn't true or we can't confirm it. Once your business is verified, its name is fixed; to change it, contact us.

The Anti-Money Laundering statement says more about these checks.

Taking payments

Customers pay by Mobile Money, approving a prompt on their own phone with their PIN, or by card on our payment partner's secure page. Card numbers are never typed into Xtopay, and we never see them.

A payment counts only once we've confirmed with our payment partner that it succeeded. Until then it's pending, and it isn't in your balance. A payment can fail for reasons outside our control (a customer's network, their balance, their bank), and we don't promise that every attempt will go through.

When you charge a customer's number directly through the API, do it only when that customer has asked to pay you, for the amount they agreed to.

Test mode is for building and trying things. Test payments use no real money, never reach your balance, and mustn't be used to take real payments.

Fees

You pay a fee on each successful payment and on each transfer. The fees are on our pricing page and in your dashboard, and every payment shows the amount, our fee and what's yours. Signing up is free, and there's no monthly charge.

We take our fee from the payment before it reaches your balance. If we can't (for example, after a refund), we take it from your balance or from later payments.

We can change our fees. We'll email the owner at least 30 days before a change takes effect, unless it lowers them.

Your balance and payouts

A successful payment, less our fee, joins your balance as pending. After the settlement delay shown in your dashboard it becomes available, and it can be paid out.

We pay out your available balance on the schedule you choose, or when you ask, to a payout account you've added: a Mobile Money wallet or a bank account in your business's or the owner's name. To keep your money safe:

• only the owner can add or change payout accounts;
• we check each account's registered name with the network or bank before it's saved;
• a new payout account waits 24 hours before it's paid; and
• every change to your payout accounts is emailed to the owner.

Check your payout details carefully. If you give us the wrong account and the money is delivered to it, we'll help you ask for it back, but we can't promise to recover it.

We can delay or hold a payout when we need to check something: a payment that looks like fraud, a business we haven't been able to verify, a request from the authorities, or money you owe us. We'll tell the owner why, unless the law stops us.

Where customers' money is held until it's paid out (for example, in appsNmobile's settlement account, or a trust account in Xtopay's name at a Ghanaian bank).

Sending money

Through the API, you can send money from your available balance to any Mobile Money wallet or bank account. Live sending is off until the owner switches it on. The owner sets a limit for each transfer and for each day, and transfers over an amount they choose wait for the owner to approve them.

You're responsible for who you send money to and why. Once a transfer has been delivered, we can't reverse it.

Refunds, reversals and chargebacks

Your business decides its own refund policy, and should tell customers what it is. Our Refund Policy says how refunds through Xtopay work.

A customer can dispute a card payment with their bank (a chargeback), and a network or bank can reverse a payment that was made in error or by fraud. When that happens we'll tell you, and you can send us evidence that the payment was genuine. If the payment is reversed, its amount comes off your balance.

If your balance goes below zero, you owe us the difference. We can take it from later payments, and if that isn't enough, we can ask you to pay it.

Our API

You can use our API with keys from your dashboard. Keep secret keys secret: on your server, never in an app or a web page, and never shared. Anything done with your keys is done by you.

You can limit each key to the server addresses you choose, and live direct charges need that. We limit how many requests a key can make, and we can stop a key that's being misused or is putting the service at risk.

The API's design may change. We'll give you notice of a change that breaks how it works, except where we must change it quickly to keep it safe.

Your customers

You're responsible to your customers for what you sell them, for describing it honestly, and for delivering it. Deal with their questions and complaints about it yourself; our receipts carry your business's contact details so they can reach you.

When customers pay you, we collect their details (their name and phone number, and anything else your form asks) and share them with you. Use them only to serve those customers and as the law allows. Tell them how you use their details, and don't send them marketing they haven't agreed to. Our Privacy Policy says what we do with them.

What you mustn't do

Don't use Xtopay for anything illegal, or for the businesses and activities in our Acceptable Use Policy. In particular, don't take payments for another business, don't hide what a payment is really for, and don't try to get around our limits, checks or security.

Holds, suspension and takedowns

To protect customers, other businesses or Xtopay, or because the law requires it, we can:

• hold your payouts while payments go on;
• suspend your account, so it can't take payments or pay out;
• take down a payment link, a page or a product on a page that breaks these terms or our Acceptable Use Policy; or
• close your account.

We'll email the owner the reason, unless the law stops us, and each action shows in your audit log. If you think we've got it wrong, reply to that email or follow our complaints process. A link or page we've taken down can't be switched back on until we lift it.

Closing your account

You can close your account at any time by contacting us. We can close it by giving the owner 30 days' notice by email, or straight away if you've broken these terms seriously, if we suspect fraud or money laundering, or if the law or our payment partner requires it.

When an account closes, we pay out what's left of your balance, less anything you owe us, once any checks and open disputes are settled. We can hold back an amount to cover chargebacks and reversals for up to 180 days. We keep your records for as long as the law requires, as our Privacy Policy says.

Our responsibility to you

We'll provide Xtopay with reasonable care and skill. We work to keep it running all day, every day, but it relies on networks, banks and partners we don't control, and it may sometimes be slow or unavailable. We'll tell you about planned maintenance in advance when we can.

As far as the law allows, we're not responsible for:

• losses caused by a mobile network, bank, card scheme or other partner, or by events outside our reasonable control;
• losses caused by you, your team or your customers, or by someone using your sign-in or keys;
• loss of profit, business, goodwill or data, or any loss we couldn't reasonably have foreseen.

Our total responsibility to you under this agreement in any 12 months is limited to the fees you paid us in those 12 months. None of this limits our duty to pay you the money in your balance, or any responsibility the law doesn't allow us to limit, such as for fraud.

Your responsibility to us

If someone brings a claim against us, or we're fined or charged, because of what you sold, how you dealt with your customers, or your breaking these terms or the law, you'll cover our reasonable losses and costs from it.

Names, logos and content

Xtopay, its name, logo, software and designs belong to Sendexa Limited. You can use our name and logo to tell customers you accept payments through Xtopay, but not in a way that suggests we endorse your business.

Your name, logo, pictures and descriptions stay yours. You let us show them on your pages, receipts, invoices and emails, and you confirm you're allowed to use them.

Changes to these terms

We may change these terms. We'll email the owner about a change that matters at least 30 days before it takes effect, and change the date at the top of this page. If you don't agree with a change, you can close your account before it takes effect. Otherwise, by using Xtopay after that, you agree to it.

How we'll contact you

We'll contact you by email, at the email on your account and the owner's, and through your dashboard. Keep them up to date. Our emails, records and your dashboard's records of payments are electronic records under the Electronic Transactions Act, 2008 (Act 772), and you agree they can be used as evidence of what happened.

The law and disputes

The laws of the Republic of Ghana apply to this agreement. If we disagree about something, we'll first try to settle it between us: tell us through our complaints process. If we can't settle it within 30 days, either of us may refer it to mediation under the Alternative Dispute Resolution Act, 2010 (Act 798), and if that fails, to the courts of Ghana.

The rest

• You can't pass this agreement to someone else without our written agreement. We can pass it to a company that takes over Xtopay, and we'll tell you if we do.
• If a court finds part of these terms can't be enforced, the rest still applies.
• If we don't enforce a term straight away, we can still enforce it later.
• Nobody else has rights under this agreement except you and us.

Contact us

Questions about these terms: hello@xtopay.co, or +233 555 539 152. Or write to Sendexa Limited, VX-0117-5279, AKATSI BYPASS NEAR MIGHTY GAS STATION, AKATSI, GHANA.