Terms & Conditions
General Terms and Conditions of Use
These general conditions are concluded between KwattelPrestação de Serviços de Pagamentos, SA, with headquarters in Luanda, Rua Gamal Abdel Nasser, Luanda Towers, Torre B, 6th floor, Eixo Viário, registered in the Luanda commercial registry office under no. 2020.492, holder of tax card no. 5000629286, registered with the National Bank of Angola under no. 418 (hereinafter referred to as KWATTEL) and the CUSTOMER(s) identified in the self-registration hereinafter referred to as CUSTOMER(s) or HOLDER(s).
SECTION A - COMMON PROVISIONS CLAUSE 1 (SCOPE)
1. This instrument regulates the terms and conditions for opening, operating, maintaining and closing the AkiPaga account (hereinafter referred to as AkiPaga ACCOUNT) provided for in applicable legal provisions and specific stipulations with the CUSTOMER, for certain services or products.
2. These conditions also regulate the services associated with AkiPaga, namely the service that allows withdrawal, deposit of cash, payment and execution of transfers.
CLAUSE 2 (PURPOSE)
1. The AkiPaga account referred to in the terms and conditions of this contract allows the CUSTOMER to access, via telephone, without internet or other remote means defined by KWATTEL, at any time, all accounts that the holder may operate, and in relation to which he/she holds powers in an isolated manner, without restrictions, to carry out their operation and these same powers include all operations that may be ordered in this way.
2. Membership of AkiPaga takes effect from the moment KWATTEL assigns: a username (the CUSTOMER’s identification name, unique, personal and non-transferable), a Secret Code (a unique, personal and non-transferable secret number or word) which must be changed by the CUSTOMER after the first access, a Confirmation Code (a secret, personal and non-transferable number) defined by KWATTEL and sent by SMS to the customer’s telephone number to confirm and complete the execution of the transaction. For each transaction carried out by the CUSTOMER, KWATTEL sends a new confirmation code by SMS to complete the transaction.
3. KWATTEL undertakes to keep the Username and Secret Codes assigned to the CUSTOMER strictly confidential.
CLAUSE 3 (ACCESS)
1. Access to AkiPaga will be made available to the CUSTOMER, using the USSD code *447# who will not need internet to access the AkiPaga platform.
2. The parties hereby agree that any errors and/or failures resulting from defects presented in the internet browsing applications and/or providers will be the sole and exclusive responsibility of the companies supplying the equipment.
3. THE CUSTOMER is responsible for all failures in AkiPaga services resulting from the insertion of any content that is incompatible with their access to the website or the mobile phone currently made available.
4. For security purposes and for access via the website, KWATTEL declares that it has obtained the Certificate of Authenticity from the International Certification Entity.
5. Access to AkiPaga services by direct connection, using the USSD code *447# made by the CUSTOMER, provided that the CUSTOMER agrees to all security and software protection standards, KWATTEL will make available a website on the internet, whose address is www.akipaga.com, through which the CUSTOMER may access information and subscribe to AkiPaga services.
CLAUSE 4 (COMMISSIONS AND CHARGES)
Each product or service, made available or provided by KWATTEL, regulated in these general conditions or in separate instruments subscribed by the CLIENT, is subject to applicable taxes and fees, as well as commissions provided for in the KWATTEL price list in force, which the CLIENT will be aware of.
CLAUSE 5 (CONFIDENTIALITY)
1. In its relationship with the CUSTOMER, KWATTEL is obliged to strictly comply with the obligations arising from the legal duty of confidentiality, and may not, in particular, reveal information about facts or elements relating to the CUSTOMER, accounts, movements and operations.
2. The provision of information at the request of national or transnational supervisory authorities, the Financial Intelligence Unit, Judicial Bodies or when the Law expressly permits disclosure constitutes an exception to the abovementioned duty.
CLAUSE 6 (USE OF PERSONAL DATA)
1. The CLIENT expressly authorizes KWATTEL, for the execution of this contract and within the scope of the contracting of products and services, to carry out the authorized processing and computer processing of data collected in the account opening process and during its maintenance.
2. For the purposes of marketing new KWATTEL products and services, the CUSTOMER expressly consents to being personally contacted through the means of communication presented by KWATTEL.
CLAUSE 7 (COMPLAINTS)
CUSTOMER complaints can be filed at any AkiPaga agent or addressed to the AkiPaga regional representative.
CLAUSE 8. (MONEY LAUNDERING AND TERRORISM FINANCING)
1. When opening an account and throughout the long-term business relationship between KWATTEL and the CUSTOMER, legal standards and internal regulations on combating money laundering and terrorist financing are applicable.
2. KWATTEL may terminate the business relationship with the CLIENT, whenever it deems it necessary, due to the assessment of the CLIENT’s risk profile, the suspicious nature of the transactions or the failure to provide information required under the law.
CLAUSE 9. (DEATH/TERMINATION OF THE CUSTOMER)
1. Upon learning of the CUSTOMER’s death, KWATTEL will immediately block the AkiPaga account and associated accounts and contact the number of the person referred to in Clause 10.
2. The provisions of the previous number are subject to verification of the identity of the person referred to by the means that KWATTEL deems appropriate.
CLAUSE 10. (MODIFICATION OF GENERAL CONDITIONS)
1. KWATTEL reserves the right to unilaterally modify this instrument, and for this purpose, must immediately communicate to the CLIENT its entry into force, by means of a circular or other written means in accordance with Clause 7.
2. Failure by the CUSTOMER to object within a period of 10 days will be equivalent to acceptance of the change made by KWATTEL.
3. If the CLIENT does not agree with the modification communicated to him/her, he/she may terminate the account opening contract, with immediate effect and free of charge.
CLAUSE 11. (TERMINATION OF CONTRACT AND CLOSURE OF AKIPAGA ACCOUNT)
1. Without prejudice to the provisions of No. 3, this contract may at any time, upon termination by either party, cease to have effect and the account closed.
2. The CUSTOMER’s notice must be made by written letter, addressed to KWATTEL and delivered at least tbd in advance of the date requested by the KWATTEL Agent for the effects to be produced and the AkiPaga account to be closed. The notice by KWATTEL is made using the channels established by the CUSTOMER and sent to the CUSTOMER at least tbd in advance of the date of termination of the contract and closure of the account.
3. Under the terms of the prior notice and if the CUSTOMER does not withdraw the balance of the account to be closed, KWATTEL will refund the amount using the most appropriate payment methods.
4. The complaint will only become effective if the account does not have a negative balance.
5. Termination of the AkiPaga account contract implies: closure of the reference account; cancellation of services related to the account; maturity and redemption of applications; early maturity of all debts arising from the account, with the CLIENT remaining obliged to pay these debts.
6. Without prejudice to the right to close the account, either party may cancel any of the services provided by KWATTEL and related to the opening of the AkiPaga account, namely those referred to in Clause 1.
7. The cancellation of a service when there are liabilities to be settled by the CLIENT determines the immediate maturity of the emerging debts and the obligation to pay them.
8. Accounts that do not show, at the CLIENT’s initiative, any debit movement for a period equal to or greater than twelve months will be closed six (6) months later without any further movement.
CLAUSE 12. (REPRESENTATION)
1. The holder of the AkiPaga account or associated accounts may indicate a telephone number and the name of a third party to contact, when opening the account, which grants powers to receive amounts in the situation provided for in Clause 9.
2. The mention of the name and telephone number mentioned in number 1 will function as an instrument of representation of the AkiPaga account on which powers of representation are granted to the third party, conferring on the attorney.
CLAUSE 13. (INTELLECTUAL PROPERTY)
1. All information material provided by KWATTEL to the CUSTOMER when opening an AkiPaga account and throughout the relationship with the CUSTOMER constitutes
property of KWATTEL and may only be used for the specific purposes for which it is intended.
2. The CLIENT is expressly prohibited from reproducing, modifying, transferring, selling or disclosing information materials related to the AkiPaga service for purposes other than individual use by the CLIENT.
CLAUSE 14. (LAW AND JURISDICTION)
The general conditions for opening an account and providing related services are governed by Angolan law, with jurisdiction for the resolution of any disputes arising from its interpretation by arbitration by the Arbitration Center of the Industrial Association of Angola (CAAIA) in accordance with the provisions of the Voluntary Arbitration Law, with express waiver of any other.
CLAUSE 15 (COMMUNICATIONS)
1. All communications that KWATTEL must provide to the customer in writing will be made in the following manner: a) On paper, delivered directly to the CUSTOMER and given by the agent; b) Electronic support, via email message addressed to the CUSTOMER, using the telephone number provided by the agent or at a later date, in writing.
1.1 THE CUSTOMER undertakes to immediately inform KWATTEL of the update of the telephone number, email address as well as the communication details declared in the AkiPaga account opening form.
1.2. In the event that, due to the CUSTOMER’s fault or the impossibility of locating the indicated number, the communication is not made, it will be considered received, exempting KWATTEL from any other responsibility.
1.3. KWATTEL shall not be liable for damages or losses resulting from the failure to communicate or the impossibility of executing orders or instructions from the client whenever, for reasons that are demonstrably not attributable to it, its computer systems or those of third parties, whose use for the necessary purpose, do not allow the timely or complete execution of such communication, orders or instructions.
1.4. Written communication included in the account statements delivered to the CLIENT will be considered.
1.5. The CLIENT also authorizes KWATTEL to send communications to the CLIENT by landline or mobile phone for security reasons when executing transactions or to promote products or services. In the case of telephone communications to confirm transactions, the CLIENT expressly authorizes KWATTEL to ask the CLIENT about the identification details or other details expressly included in the AkiPaga account opening form, in order to better assess the veracity of the order received from the CLIENT.
2. All communications that the CLIENT has provided, in writing, to KWATTEL will be made in the following manner: a) on paper, by correspondence, delivered directly to the Agent; b) In electronic format on the AkiPaga website indicated by KWATTEL specifically for this purpose; c) Through another means of communication agreed between the parties.
3. Communications between the parties must be made in PORTUGUESE, with the use of other languages being exceptionally permitted, whenever KWATTEL deems it convenient.
4. The CLIENT authorizes KWATTEL and the companies with which it is, directly or indirectly, in a controlling or group relationship, to access or transmit its data collected under this contract or other contracts entered into with KWATTEL or any of the entities mentioned above. The data in question are intended to be processed, in particular, for the purposes of credit risk assessment, marketing and promotion of products and services in which the CLIENT may be interested.
SECTION B- OWNERSHIP OF AKIPAGA ACCOUNT MOVEMENT CONDITIONS CLAUSE 16. (OPENING OF AKIPAGA ACCOUNT AND OWNERSHIP)
1. The AkiPaga account is opened upon acceptance by KWATTEL of the opening request submitted by the interested party by filling in the account opening form with the information required. KWATTEL will not open the account if the account holder does not provide the identification details and supporting documents required by current legislation.
2. The CUSTOMER may self-register from the platform by following the instructions in the USSD Menu *447# AkiPaga, if any of the information and supporting documents are missing, provided that they do not prevent the CUSTOMER from being properly identified. In these cases, the account will be opened with a debit block subsequent to the initial deposit, and the CUSTOMER must, as soon as possible, provide the missing information and documents by email to clienteakipaga@kwattel.com or submit them to an Agent so that the account can be activated.
3. If the process remains incomplete due to the CUSTOMER’s fault for more than 90 days from the date of opening the account, KWATTEL will close it, in accordance with the provisions of Clause 11.
4. The CUSTOMER identifies himself to Kwattel through a handwritten signature, which will be checked for similarity with the signature on the account opening form.
CLAUSE 17. (MOVEMENT)
1. The current account initially allows debit transactions.
2. Debit transactions are made through cash withdrawals, payment orders, transfers and other payment methods authorized by KWATTEL.
3. Debit transactions, through cash withdrawals or transfers, are subject to compliance with the legislation in force at the time of the transactions, particularly with regard to amounts.
4. In the case of cash deposits, the amount is immediately made available in the holder’s AkiPaga account.
5. Debit transactions are only considered to have been carried out when they are registered in the KWATTEL computer system, without prejudice to the value date to which they correspond.
6. Through the mobile phone, the CUSTOMER may: a) Access information about AkiPaga products and services; b) Carry out transactions, available in the account to which they have access, in accordance with the rules defined by KWATTEL; c) Carry out purchase, sale, payment to the State, subscription or redemption transactions on financial instruments or other products or services made available by KWATTEL under Clause 1, when applicable.
7. The CUSTOMER may, at any time, change the account to which they have access, as well as the nature of the operations to which they wish to have access through the AkiPaga service, by sending a letter requesting the changes to be made through the means made available.
8. It is the CLIENT’s sole responsibility to define the users’ skills and guarantee the validity, integrity and validation of operations and KWATTEL will not be held responsible for the improper use of user names and secret codes.
CLAUSE 18 (DEBIT TRANSFER TRANSFER)
1. The current account can be used by transferring funds to another account(s) at AkiPaga from your application or through the Agent.
2. For the transfer order to be fulfilled, the account must be properly funded with the specified amount.
3. The holder acknowledges that he/she is solely responsible for the accuracy of the identification details of the account to be credited via the transfer, and Kwattel is not obliged to carry out any verification.
4 The transfer order is in principle irrevocable, although the CLIENT may attempt to revoke it if he/she manages to send the revocation to KWATTEL in good time to prevent the ordered operation from being carried out.
5. The CUSTOMER has the right to complain in writing about any unauthorized or incorrectly executed transfer, within a maximum period of 1 (one) week from the date of the debit.
CLAUSE 19 (DEBIT AUTHORIZATION)
1. If the account is not provided with sufficient funds to debit any payment and this is made by KWATTEL by mistake, leaving the account with a negative balance, the CUSTOMER must, immediately and regardless of any request, replace the missing amount to complete the transaction, being hereby authorized by KWATTEL to debit any other AkiPaga account of which he/she is the holder.
2. Interest will be charged on the negative balance referred to above (possible discount) at the nominal rate provided for and constant in the AkiPaga price list.
3. Without prejudice to the provisions of the previous numbers, the CLIENT expressly recognizes KWATTEL’s right to carry out credit compensation, as provided by law.
CLAUSE 20 (LEGAL EFFICACY OF TRANSACTIONS PERFORMED THROUGH THE SERVICE)
1. Orders transmitted by the customer through the AkiPaga service will have full legal effects, and the CUSTOMER cannot claim signature to fulfill the obligations assumed in these orders.
2. The execution of transactions through the service is confirmed by a document generated by the AkiPaga service itself, which the CUSTOMER may print and may request specific proof for a given operation or transaction, with KWATTEL reserving the right to charge a commission in accordance with the price list in force. The information that KWATTEL must provide to the holder, namely transaction execution notes and account statements, may be made available via the internet or at the CUSTOMER’s request, through the KWATTEL Agent.
3. Once updated and sent to KWATTEL, it is not possible to make changes or cancel orders transmitted through the AkiPaga account.
4. Orders placed on non-business days will be considered to have been placed on the business day, as they are instantaneous. The limit for processing orders on the same day, established by KWATTEL for the various products and services, must always be met.
5. The CUSTOMER authorizes KWATTEL to carry out, when it deems fit, the magnetic recording of telephone calls that respect the operation and/or service covered by this contract, recognizing the validity of such records as full evidence of the conversations held or messages sent.
I declare that all the information provided is true, I authorize KWATTEL to confirm it and I undertake to promote its update whenever there are changes to it. The collection, transmission and additional processing of data obtained from public bodies or specialized companies for the confirmation or obtaining of elements necessary for the contractual relationship is authorized, as well as the request, from KWATTEL, of my responsibilities in the financial system. I authorize the automatic processing of personal data, including, as well as the respective consultation between companies of the KWATTEL group, for the establishment of personalized commercial relations. I declare that I have been in possession of a copy of the general conditions for opening the AkiPaga account and that I have been given the necessary clarifications to consciously sign in accordance with them.