SmartSMS is an SMS platform which help businesses to improve communication and mobile marketing through sending text messages online from your computer, tablet or phone. We make Bulk SMS simple!.
We promise to provide our clients with an easy-to-use business texting platform with the flexibility, security and reliability to improve communication with staff and customers and boost SMS marketing results. People use text messages less in their social lives, but for businesses, sending bulk SMS has grown into an important communication and marketing tool.
Powered by Orcons Systems Ltd
Our web based self-service platform makes it easy to login from any computer, create your text message, and hit send to all your contacts.
Acces perfomance metrics like delivery, reply rates and costs through the SmartSMS admin panel and export data when needed.
Schedule your important SMS reminders, alerts, campaigns and notifications online to be sent when needed.
Upload from Excel or copy from clipboard - it only takes one minute to get started with your sms text messaging contacts lists.
Upload from Excel or copy from clipboard - it only takes one minute to get started with your sms text messaging contacts lists.
You can receive notifications of all events from seminars to conferences to crusades, etc. Read More
Smart Address Book
Our Smart Address Book enables you to store the database of contacts on the platform into groups. The name, title, phone number, email, location and birthday of contacts can be stored. Contacts can be added individually or imported from an Excel Workbook. Contacts can be updated when the needed whilst importation or adding of contacts to a group, duplicate contacts are automatically detected and removed.Excel Messaging
The platform will enable you to send out messages that have unique content for each contact which will be possible using excel. The phone numbers of the contacts are placed in the first column and their respective information in other columns. The message is composed once and the system does the rest by replacing placeholders with their respective contents in the uploaded excel file.Message Templates
Message templates can be created and saved on the platform for later use. This avoids re composing of the same message every time a message needs to be sent to a group.Birthday Messaging
With the birthday of contacts stored in the address books, the system automatically sends a custom birthday message specified by the user to the contact on their birthday.Message Personalization
First name, last name or full name and title can be inserted into a message to make it more personalized. Eg. “Hello Adwoa, you have been added successfully to our database”. Consequently, with this feature a user doesn’t have to compose a separate message for each contact.Message Scheduling
Messages can be scheduled to be delivered at a date and time? You don’t need to be online in order to send the message. You can schedule the message for delivery at a later date. The system does the rest.Delivery Report
Reports are provided for all messages including delivery reports. Delivery reports indicates the message status e.g. Delivered, Undelivered, Submitted, Expired.
There are many activities and events that go on in any given day that keeping track of them can become a bother. With this service, you can receive notifications of all events from seminars to conferences to crusades, etc. Whether you are an organizer or a prospective participant, this is a great way to inform or be informed of current or future events.Group Notification
Organizations and groups need to constantly send and receive information from their members in order for the group to function. Since most people own a mobile phone, it is most convenient to send all notices to members through SMS.
At SmartSMS, we see resellers as partners, rather than simply as agents peddling our product. We actively encourage the reseller model as we want as many people using our service as possible. And we give our resellers all the necessary tools to succeed!
SmartSMS offers you the opportunity to sell bulk SMS at highly competitive prices, backed by our super-duper systems and infrastructure. Operating under your own brand and URL, you will only need to win a customer once and they will continue to use your service after loyalty built on the impressive savings and customer service you can offer them. Our bulk SMS solutions are the best in the business, providing excellent revenue streams for resellers.Benefits of Reseller
Open your SmartSMS account and start using the Reseller Solution now
INFORMATION WE COLLECT AND HOW WE USE IT
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. We may use your personal information to:
When you sign up for a SMartSMS Account, we ask for your personal information so that we can provide you with the service. The information we require to register for the service includes your name, other names, gender, birthday, mobile number, address, citizenship, and email address. For businesses or non-profit organisations, we also require you to provide your website address, email, business category, business name, business type, industry, phone number, location address, and a government-issued identification number (TIN or VAT for Ghana based businesses). This information allows us to process payments and protect users from fraud. In some cases, we may also ask you to send us additional information or to answer additional questions to help verify your information. The information we collect is stored in association with your SMartSMS Account.
INFORMATION OBTAINED FROM THIRD PARTIES
In order to protect you from fraud or other misconduct, we may obtain information about you from third parties to verify the information you provide. For example, we may use bank authorization and fraud screening services to verify that your business location address matches the information that you provided to us.
When you use SMartSMS to conduct a transaction, we collect information about each transaction, including but not limited to the transaction amount, a description provided by the seller of the goods or services being purchased, and the names of the seller and buyer.
INFORMATION ABOUT YOUR USE OF THE SERVICE
In order to protect you from fraud, phishing, and other misconduct, we may collect information about your interaction with the service to help validate your identity or detect potentially fraudulent conduct. For example, in some circumstances we may try to determine service usage patterns (such as how quickly you type) so that we can try to detect and prevent unauthorized attempts to access your account (such as automated hacking attacks, or the use of stolen usernames or passwords). Any such information we collect will only be used to detect and prevent fraud or other misconduct, unless you explicitly grant us permission to use it in another manner.
When you access SMartSMS Webpages, our servers automatically record information that your browser sends to us. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, and customized content. In addition to the above, we use the information we collect to:
We will not sell or rent your personal information to companies or individuals outside of Orcons Systems. If you are making a purchase with SMartSMS , we will not share any of the personal information you provided us during registration of your account; except in the limited circumstances described below. In addition, we will only share your personal information with other companies or individuals outside of Orcons Systems in the following circumstances:
As necessary to process your SMartSMS & banking transactions and maintain your account. As with any financial institution, if you process a transaction through our service, we need to share some information (for example, your business and account number) with our partner banks and the Bank of Ghana. Some sellers may require that their buyers provide a contact information (for example, a telephone number) in order to process a transaction. In those cases, the merchant will specifically request that information from you from their website before or after your SMartSMS transaction. We will not share your telephone number with the merchant, and where necessary, we will inform and request your permission online before you complete your transaction.
As a standard policy to protect our users, SMartSMS does not allow or approve of merchants who request for user’s SMartSMS details on their website. Any such merchant has not been certified by SMartSMS and users are advised to report immediately and not to transact with the merchant. You may be given a choice on a seller-by-seller basis whether you’d like to receive promotional emails from the seller. If you decide later that you don't want to receive promotional emails from a seller, you will need to contact the seller directly.
To detect, prevent, or otherwise address fraud, security or technical issues.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical and technical security measures to guard against unauthorized access to systems where we store personal data. For example, your email address will always be stored in an encrypted form (except when you provide it to us in a communication outside of our web page or mobile app interface).
The security of your account also depends on keeping your account password confidential, and you should not share your account name or password with anyone. If you do share your account information with a third party, they will have access to your account and your personal information.
ACCESSING AND UPDATING PERSONAL INFORMATION
Orcons Systems Ltd.
DM 141 Makola
When we receive formal written complaints at this address, it is SMartSMS ’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Orcons System and an individual, business or non-profit.
CHANGES TO THIS POLICY
Orcons Systems Ltd.
DM 141 Makola
Orcons Systems specializes in the development of various software platforms that provide IT business solutions to various sectors in Ghana. With over a decade of IT business expertise and an expansive set of competencies we deliver and implement state of the arts applications in the Financial, Health and Education sector.
Our team has over 20 years of combined wealth of experience in software and systems development in other parts of the world which has impact positively on our development, delivery and implementation process of our current systems.
Products and Services
Orcons Systems Limited
4th floor Vodafone Building, ABC Junction
P. O. Box DM 141Makola- Accra
2.2. You are also advised to read the answers to the “Frequently Asked Questions” which are published on our Website.
2.3. Depending on the type of Smartpay Account you have, additional terms and conditions may apply and will be communicated to you at the appropriate time. Your Smartpay Account
3.1. Your Smartpay Account is an electronic money account which enables you to send and receive electronic payments.
3.2. The electronic money on your Smartpay Account is issued in accordance with the Payment Systems Act 2003 (Act 662)
3.3. Your Smartpay Account is denominated in Ghana Cedis. You cannot change the currency of your Smartpay Account.
3.4. Subject to section 7, the electronic money held on your Smartpay Account does not expire but it will not earn any interest.
3.5. You have the right to withdraw funds from your Smartpay Account at any time. However, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount but the funds on your Smartpay Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
3.7. The electronic money on Smartpay Account belongs to the person or legal entity which is registered as the Smartpay Account holder. No person other than the Smartpay Account holder has any rights in relation to the funds held in a Smartpay Account, except in cases of succession. You may not assign or transfer your Smartpay Account to a third party or otherwise grant any third party a legal or equitable interest over it.
3.8. Your Smartpay Account may be subject to adding of funds, payments and withdrawal limits, depending on your country of residence, the verification status of your Smartpay Account, channel or mode of transaction and other factors used by us to determine such limits from time to time at our sole discretion.Opening Your Smartpay Account
4.2. If you are an individual, you must be 18 years or older to use our services and by opening a Smartpay Account you declare that you are 18 years or older. This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.
4.3. You may only open one Smartpay Account per email address unless we explicitly approve otherwise.
4.4. You may only open a Smartpay Account if it is legal to do so in your country of residence. By opening a Smartpay Account you represent and warrant to us that your opening of a Smartpay Account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.
4.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.
4.6. You may only add payment instruments (such as bank accounts, credit or debit cards) to your Smartpay Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
4.8. Within 15 days of the date of opening your Smartpay Account, you may close your Smartpay Account at no cost by contacting Customer Service, however, if you have uploaded funds into your Smartpay Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your Smartpay Account (including those transactions that are not revocable and have been initiated but not completed before closure of your Smartpay Account) will not be refunded.Maintaining Your Smartpay Account
5.1. You must ensure that the information recorded on your Smartpay Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
5.2. We may contact you by e-mail or in other ways described in section 18 with information or notices regarding your Smartpay Account. It is your responsibility to regularly check the proper functioning of your e- mail account or other methods of communication that you have registered with your Smartpay Account and to retrieve and read messages relating to your Smartpay Account promptly. We shall not be liable for any loss arising out of your failure to do so.
5.3. Account funding, payments received, payments sent and fund withdrawals are displayed in your online transactions history. Each transaction is given a unique transaction ID and shown in the transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your Smartpay Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
5.4. Subject to the provisions of section 8 below and without prejudice to the provisions of section 9.5(A), in order to claim a refund for an unauthorised or incorrectly executed payment transaction on your Smartpay Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirty (30) days after the debit date of the transaction.Keeping Your Smartpay Account Safe
6.1. You must take all reasonable steps to keep your Smartpay Account password and security details safe at all times and never disclose it to anyone. Our personnel will never ask you to provide your password or security details to us or to a third party. Any message you receive or website you visit that asks for your password, other than the Smartpay Website, should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your Smartpay Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Smartpay Account or watch you accessing your Smartpay Account.
6.2. If you have any indication or suspicion of your Smartpay Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Smartpay Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your Smartpay Account but may result in you being liable for any losses as a result. If you suspect that your Smartpay Account was accessed by someone else, you should also contact the police and report the incident.
6.3. We may suspend your Smartpay Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Smartpay account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Smartpay Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
6.4. You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Smartpay Account. In case any of the e-mail addresses registered with your Smartpay Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.
6.5. Irrespective of whether you are using a public, a shared or your own computer to access your Smartpay Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.
6.6. Additional products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.Closing Your Smartpay Account
7.1. You may close your Smartpay Account at any time by contacting Customer Service.
7.2. If your Smartpay Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Smartpay Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Smartpay Account but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. You may do so for a period of sixty days from the date of closure of your Smartpay Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while being deposited in your Smartpay Account. Your obligations with regards to keeping your Smartpay Account safe as set forth in section 6 shall continue to apply.
7.3. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Smartpay Account.Adding Funds
8.1. You can add funds by visiting the Website, logging into your Smartpay Account and following the relevant Add Funds instructions. You may be presented with a number of different Add Funds methods, depending on which payment instruments you have added to your Smartpay Account and which payment methods are available in your country of residence and the amount you want to add. Add fund methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) and are not part of our service. We do not guarantee the use of any particular upload method made available, and may make changes to or discontinue the acceptance of any particular upload method at any time without following the procedure set out in section 17. Notwithstanding section 8.7 below, we shall not be responsible for the upload payment until the uploaded funds are received by us.
8.2. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of an add fund transaction.
8.4. You may allow a merchant that you wish to pay through us on a regular basis (e.g. for a subscription service) to debit your Smartpay Account for each recurring payment. In this case you authorise us to debit the payment instrument (e.g. your credit card or bank account) which you used to make the original payment also for each subsequent payment. In order to cancel recurring payments for the future, you should (a) contact us and (b) notify the merchant from which you have purchased the goods or services that you have cancelled the recurring payment. You should not cancel or otherwise reverse such recurring transactions by simply contacting the issuer of the payment instrument (e.g. your credit card provider or bank) without following the cancellation steps mentioned in this section 8.4. Subject to section 8.5, we will not be liable for any recurring payment(s) that are made before you have notified us of the cancellation and if your Smartpay Account balance goes into negative as a result of such payment(s), you will be liable to repay such amount to us.
8.5. We will refund any past recurring payment(s) initiated by or through the merchant provided that (a) the original authorisation given to us or the merchant did not specify the exact amount of the payment and (b) the amount of the payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight weeks from the date the funds were debited from your Smartpay Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 8.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment.
8.7. Added funds will be credited to your Smartpay Account after the funds have been received by us. Some Add Funds transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your Smartpay Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time in which case we will deduct such reversed transaction from the balance of your Smartpay Account. If your Smartpay Account balance is insufficient, we reserve the right to require repayment from you.
8.8. For the purposes of an Add Fund transaction through a payment instrument, we are a payment recipient and not a payment service provider.
8.9. You must not make an Add Fund transaction through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds uploaded from a payment instrument that is not in your name, we may charge an administration fee which will be communicated prior to.
8.10. Funds added may be subject to Add Fund limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the Add Fund method you want to use. You should be aware that depending on your verification status your Add Funds limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your Smartpay Account profile.
8.11. Transaction fees and currency conversion fees for Adding Funds depends on which upload method and payment instrument is chosen. Please see section 13 for details.Making Payments
9.1. To make a payment you are required to authorise the payment with your login details and password. We may also ask you additional security questions relating to you or your Smartpay Account. If your Smartpay Account is protected by additional security measures such as password tokens, you need to follow the instructions provided to you with such additional security measures. If your Smartpay Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.
9.2. Every recipient of a payment you wish to make through us must have a valid means that we can use for their identification. For most of our services that means of identification will be a valid e-mail address but other means of identification may be required for our other services (for example for the Smartpay to Smartpay send services, we may require you to provide us with the recipient's email address and mobile telephone number).
9.3. If you are asked to provide d etails of the recipient’s e -mail address or other means of identification, where applicable, you must take great care to properly type the exact details of who you wish to send money to. We use those details as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s means of identification may be disregarded and we shall not be liable for any error you make when entering the recipient’s means of identification.
9.4. If the e-mail address of the intended recipient is registered with us, the funds will be instantly credited to the Smartpay Account associated with that e-mail address.
9.5. If the recipient’s e-mail address is not registered with us, we will send a notification e-mail to that e-mail address with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the transaction will be cancelled and the funds will be returned to you. You may also cancel the transaction at any time before the funds have been credited to the recipient’s Smartpay Account. To cancel a transaction you should log into your Smartpay Account, locate the relevant transaction in your transactions history and select “Cancel”.
You can make recurring payments by setting up a recurring payment order on your iWalet Account. You can cancel your recurring payment order for future payments at any point by logging into your Smartpay Account and deleting it. You will not be able to cancel transactions that have already been credited to the recipient. Automatic money transfers on a regular or recurring basis are not provided as part of the Send Money service where the recipient does not have a Smartpay Account and therefore this section 9.6 shall not apply to that service.
Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status (Minimum and enhanced KYC status). You can view these limits at any time in your Smartpay Account profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send.
Sending payments is subject to fees and currency conversion fees depending on the type of payment you make and the type of Smartpay Account you hold. Please see section 14 for details.Receiving Funds
10.1. If you receive funds into your Smartpay Account, we will send you a notification e-mail and display the payment in your Money Story. You should regularly reconcile incoming payments with your own records.
10.2. You should be aware that receipt of funds to your Smartpay Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment in case the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to charge back or otherwise reverse) an Add Fund or other payment which was used to fund the payment to you.
10.3. If a person received a payment notification from us indicating that someone has sent them funds to an email address that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification e-mail. Until then, there will be no contractual or fiduciary relationship between us and the intended recipient. The funds remain those of the sender.Prohibited Transactions
11.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of:
11.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Smartpay Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Smartpay Account for or in connection with illegal gambling transactions. Countries where online gambling is illegal include the United States of America, Turkey, China, Malaysia and Israel. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
11.3. It is strictly forbidden to use your Smartpay Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Smartpay Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
11.4. You may only accept payments for certain categories of business after approval from us in our sole discretion. Such business categories include but are not limited to:
11.5. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 11 or without the necessary approval under section 11.4, we reserve the right to:
11.6. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.Withdrawing Funds
12.1. You can request a withdrawal of all or part of the funds held in your Smartpay Account at any time. To do this you must log into your Smartpay Account and select a withdrawal method and enter the amount to be withdrawn. Withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in section 18 as long as there is at least one withdrawal method available to you. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider.
12.2. Your Smartpay Account is subject to withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation (KYC Level) we hold on you. Before Adding Funds into your Smartpay Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements as we legally cannot allow you to exceed these limits.
12.3. If your withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents verifying your identity and address prior to allowing a withdrawal of funds or to otherwise cooperate with us to verify your identity.
12.4. Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen. Please see section 13 for details.
12.5. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
12.6. You must not make a withdrawal to a bank account or other payment instrument if you are not the named holder. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a payment instrument that is not in your name, we may charge an administration fee.
12.7. You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong payment instrument, you may request that we assist you in reclaiming the funds, however, we will charge you an administration fee for doing so and we cannot guarantee that the reclaim efforts will be successful.Fees
13.1. Fees depend on whether you are using your Smartpay Account for personal or commercial purposes.
13.3. Your transactions may be subject to currency conversions. If you make a payment from your Smartpay Account denominated in one currency to a Smartpay Account denominated in another currency, you will be asked to either make the payment in the currency of your Smartpay Account or in another currency. If you choose the currency of your Smartpay Account, then the recipient will pay the fee for the conversion into the currency of his or her Smartpay Account. If you choose the currency of the recipient’s Smartpay Account, you will pay the fee for the currency conversion into the currency of the payment. If you choose a currency that is neither the currency of your Smartpay Account nor the currency of the recipient’s Smartpay Account then you will pay the fee for the conversion into the currency of the payment, and the recipient will pay the fee for the conversion of the payment currency into the currency of his or her Smartpay Account.
13.4. For every currency conversion, we will apply our then current wholesale exchange rates which are available online in the Currency Conversion Fees section of the "Fees" page and which are updated on a regular basis throughout the day. Changes in these exchange rates may be applied immediately and without notice. In addition we will apply a foreign exchange fee, which is also displayed in the "Fees" section of the Website and which is expressed as a percentage applicable in addition to the transaction fee.
13.5. Our Fees are either expressed as a percentage of the transaction or as a fixed amount in Ghana Cedis (GHS). Where fixed fee amounts are displayed in a currency other than GHS, this is for information purposes only. If fees are deducted from a balance or a transaction denominated in a different currency, the GHS fee amount will be converted into an equivalent fee in that other currency based on the Smartpay wholesale exchange rates applicable at the time and available under the "Currency Conversion Fees" section of the "Fees" section and then deducted. We will not apply a foreign exchange fee on currency conversions of fees.
13.6. Fees payable by you will be deducted from your Smartpay Account balance and you hereby authorise us to do the same. Transaction fees will be charged when the transaction is executed. If your Smartpay Account balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
15.1. In case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:
15.1.1. where the unauthorised payment arises from your failure to keep the personalised security features of your Smartpay Account safe in accordance with section 6 in which case you shall remain liable for the first GHS20 (or equivalent in the currency of your Smartpay Account) unless section 16.1.3 applies;
15.1.2. if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Smartpay Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
15.1.3. if the transaction was unauthorised but you have compromised the security of your Smartpay Account with intent or gross negligence in which case you shall be solely liable for all losses; or
15.1.4. If you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 2 weeks from the date of the transaction.
15.2. Section 16.1.1 shall not apply to transactions made after you have notified us in accordance with section
15.3. Without prejudice to the foregoing, you are asked to check the transactions history of your Smartpay Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns.
15.4. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
15.5. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
15.6. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
15.9. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another Smartpay customer.
16.1. We may terminate your Smartpay Account or any payment service associated with it by giving you two weeks’ prior notice. You may terminate your Smartpay Account with us at any time. Different termination provisions may apply if you use your Smartpay Account for commercial purposes as set out in section 4.7 above.
16.2. Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.
16.3. If your Smartpay Account is subject to a reserve, termination of your Smartpay Account will not affect our right to hold the reserve and to make deductions therefrom for the time agreed.
16.4. We may at any time suspend or terminate your Smartpay Account without notice in case:
16.4.2. You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or
16.4.3. We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
16.5. We may suspend your Smartpay Account at any time if:
16.5.1. We reasonably believe that your Smartpay Account has been compromised or for other security reasons; or
17.2. We shall give notice to you of any proposed change by sending an e-mail to the primary e-mail address registered with your Smartpay Account.
17.4. If you object to the changes, they will not apply to you, however, any such objection shall constitute a notice by you to terminate and close your Smartpay Account. Your Smartpay Account will be closed in accordance with the provisions of section 7 above.How We Communicate
18.1. We usually communicate to you via e-mail. For this purpose you must at all times maintain at least one valid e-mail address in your Smartpay Account profile. You are required to check for incoming messages regularly and frequently. E-mails may contain links to further communication on our Website. Any communication or notice sent by e-mail will be deemed received by you on the same day if it is received in your e-mail inbox before 5.30 pm on a Business Day. If it is received in your email inbox after 5:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
18.2. Where legislation requires us to provide information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.
18.4. In order to view emails you need a computer with e-mail software that can display e-mails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at www.adobe.com.
18.5. We will never send you any e-mails with executable files attached or with links to any executable files. If you receive any e-mail with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.
18.6. We will communicate to you in English and will always accept communications made to us in English. For non-standard communication, we reserve the right to communicate with you in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
18.7. Apart from communicating via e-mail, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received ten days from the date of posting for Ghana post or within 14 days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.
18.8. You may contact us at any time by sending a message to Customer Service via the “E-Mail Support” facility on our Website.Complaints
19.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by e-mail within 48 hours of receiving your complaint in accordance with our complaints procedure.
19.2. We endeavour to provide you with an answer or resolution to your complaint within reasonable timeframes. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.Miscellaneous
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in Ghana;
“Customer Service” means our customer service, which you can reach by sending a message through the “Contact Us” or email facility on the Website.
“Fees” shall mean the charges payable by you to us for using our services;
“ Smartpay Account” shall mean the electronic money account you open and maintain thr ough the Smartpay Website and Mobile App;
“We”, “us”, “our” shall mea Smartpay;
“You”, “your” shall mean you, the natural person or legal entity in whose name the Smartpay Account is opened and maintained;