TERMS OF USE FOR bKash PORTAL-BASED CORPORATE BILL PAYMENT SOLUTION

This Terms of Use for bKash Portal-Based Corporate Bill Payment Solution (hereinafter referred to as the “Terms of Use”) is entered into between:

bKash Limited, a private limited company duly incorporated under the Companies Act 1994, having its registered office at Shadhinata Tower, 1, Bir Sreshtha Shaheed Jahangir Gate, Dhaka Cantonment, Dhaka, Bangladesh, hereinafter referred to as “bKash”, (which expression shall, unless excluded by or repugnant to the subject or context, mean and include its successors-in-interest, legal representatives, administrators, executors and permitted assigns);

AND

“User” - This expression shall, unless it be repugnant to the context or meaning hereof, be deemed to mean merchants and potential merchants, including its successors-in-interest, legal representatives, administrators, executors and permitted assigns accepting the terms and conditions of this Terms of Use digitally or otherwise.

Both bKash and User are hereinafter referred to individually as a “Party” and collectively as “Parties”.

The terms and conditions contained hereinafter shall govern the use of the Corporate Bill Payment Solution provided by bKash. By accessing or using the Payment Portal, you ("User"or "Accepter") agree to this Terms of Use. The User availing the Corporate Bill Payment Solution shall be presumed to have read the Terms of Use for using the Payment Portal and unconditionally accepted the Terms of Use (as applicable) set out herein, including any subsequent amendments/addendums and this constitutes a binding and enforceable agreement between the User and bKash. This Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with bKash for other services.

You can accept the Terms of Use by:

Clicking to ‘Accept’ or “Agree to the Terms of Use”, where this option is made available to you by bKash in the User interface for the service of the Payment Portal.

1.    DEFINITIONS AND INTERPRETATION

In this Terms of Use, unless inconsistent with the context, the following terms shall have the meaning assigned to them hereunder, namely:

“Biller” refers to the utility supply, distribution and other concerns/companies whose bills can be paid through the Corporate Bill Payment Solution.

“bKash Payment Account” means a bKash account, internally allocated, controlled and operated by bKash for the User for the purpose of bill payment in bKash e-money to the Billers;

“Convenience Fee” means the agreed fees to be deducted by bKash directly from the bKash Payment Account of the User for making each bill payment to the Biller(s) through the Corporate Bill Payment Solution.

“Confidential Information” means all information, not generally known to the public, that relates to the business, technology, subscribers, customers, finances, plans, proposals or practices of the parties, market strategy and it includes (without limitation) the identities of subscribers, customers, bKash Customers and prospective customers, budgets and projections, promotion and pricing strategies, all non-public financial information, and all information the Parties designate as “confidential” including the written communications between the Parties;

“Corporate Bill Payment Solution” means the service where utility bill payment can be made from a valid and active bKash Payment Account to the collection account of a Biller through the Payment Portal after checking bill information using a web based Payment Portal;

“Designated Bank Account” means a bank account maintained by bKash with a scheduled bank where the User is required to deposit/credit the Payment Fund for the purpose of payment of bills to the Billers. bKash shall inform the particulars of such bank account to the User in writing on its letterhead.

“Payment File” means the format prescribed by bKash to the User through which the User shall upload necessary bill information (biller ID, payment amount etc.) in the Payment Portal in order to enable bKash to check billing information with the Billers;

“Payment Fund” means and includes bill payment fund and amount of Convenience Fee to be paid by the User.

“Payment Portal” means an online portal provided by bKash to the User through which one of the Authorized Persons of the User can upload the Payment File and the another can approve the payment.

• Other capitalized expressions used in this Terms of Use shall have the meanings respectively assigned to them elsewhere in this Terms of Use.

• Words indicating the singular only also include the plural and vice-versa, where the context so requires.

2.    SCOPE OF THESE TERMS OF USE:

2.       

• bKash owns and operates the Payment Portal which acts and is used for Corporate Bill Payment Solution to facilitate the Users for the purpose of bill payment in the form of bKash e-money to the Billers, for availing utility or any other products/ services from the Billers.

• bKash is constantly evolving in order to provide the best possible experience and information for its Users. The User acknowledges and agrees that the form and nature of the services provided by bKash in order to integrate with the Payment Portal may change from time to time without any prior notice to the User.

3. RESPONSIBILITIES OF THE USER:

• The User shall deposit the Payment Fund in the Designated Bank Account and shall initiate the request in bKash designated platform with all the relevant information of deposit (i.e. bank account number, date, amount, short code, transaction ID, bank name and branch name etc.) to get the equivalent amount of bKash e-money into the bKash Payment Account for the payment of utility bills to the Billers.

• The User shall deposit the Payment Fund (mentioning the relevant information) into the Designated Bank Account within banking hours on a working day, maintaining BEFTN and RTGS channel timings to receive the equivalent amount of bKash e-money in the bKash Payment Account on the same day. Based on the availability of the Payment Fund in the bKash Payment Account, the User may proceed with the bill payment.

• The User shall authorize at least two of its employees/partners/directors/officials (“Authorized Persons”) to operate the Payment Portal on behalf of the User. One of the Authorized Personshall be responsible for uploading the Payment File with accurate bill amounts to the Payment Portal, while the other shall be responsible for verifying and approving the same on behalf of the User. The User shall inform such authorization along with the details of Authorized Persons to bKash from time to time in writing on its letterhead paper.

• Any activity done by the Authorized Persons through the Payment Portal shall be considered the activity done by and on behalf of the User. The User and the Authorized Persons shall be solely responsible for the security of their credentials for the Payment Portal. If the User suffers any loss and/or damage due to the breach of security of the credentials and wrong input by the Authorized Persons, bKash shall not, in any way, be liable for such loss and/or damage.

• User shall schedule payment execution from 8:00 to 20:00 hours. User shall avoid making payments from 20:00 to 8:00 hours (“Restricted Hours”). The Restricted Hours are for regular maintenance schedule and any payment execution in such hours may result in unwanted execution anomaly. For any exceptional cases, if payment is required to be executed during Restricted Hours, the User is required to inform & take consent from bKash at least two (02) working days prior to such payment.

• User agrees that they shall use this Payment Portal to make payment amount to the Billers only and shall refrain from any transaction relating to criminal, fraudulent, terrorist activities or money laundering. If any incident of unlawful transaction is proved against the User, bKash shall have right to take any punitive or legal action against the User including termination of this service.
• User shall be responsible in case of non-payment and/or discrepancy that arises due to provision of incorrect billing information to the Payment File.

• User agrees that the Convenience Fee shall be applicable and deducted from the bKash Payment Account for making each bill payment.

4.    RESPONSIBILITIES OF bKash

• After receiving the Payment Funds in the Designated Bank Account and request for crediting bKash e-money in the bKash Payment Account from the User, bKash shall credit the equivalent amount of bKash e-money in the bKash Payment Account of the User for the payment of utility bills to the Billers, provided that the User provides all the relevant information of deposit (i.e. bank account number, date, amount, short code, bank name and branch name, etc.) of Payment Funds to bKash.

• bKash e-money shall be credited by bKash in the bKash Payment Account on the same working day if the User deposits the Payment Fund in the Designated Bank Account within banking hours of that day, otherwise on the following working day.

• bKash shall provide the User with a secure Payment Portal and shall ensure the confidentiality and security of all payment information, including but not limited to, One-Time Passwords (OTPs), PINs, and other credentials.

5.    PROCEDURES RELATED TO PAYMENT THROUGH PAYMENT PORTAL:

4.  
5. • The User shall deposit the Payment Fund in the Designated Bank Account and shall initiate a request in the bKash designated platform with all the relevant information of deposit (i.e., bank account number, date, amount, short code, transaction ID, bank name and branch name, etc.) to get the equivalent amount of bKash e-money in the bKash Payment Account to make bill payment.

• If the User or depositing bank fails to provide the necessary information as specified in the above sub-clause 5.1 of this Terms of Use, the deposit of Payment Fund will be termed as “unidentified”. In such cases, bKash will manually credit the equivalent amount of bKash e-money in the bKash Payment Account of the User. For such unidentified deposits, manual crediting of the equivalent amount of bKash e-money in the bKash Payment Account of the User might be delayed.

• If Payment Funds are received within banking hours on a business day, the equivalent amount of bKash e-money shall be credited to the User’s bKash Payment Account on the same business day. Otherwise, the crediting shall occur on the next business day.

• To avoid any disruptions due to maintenance activities, payments should be scheduled between 8:00 AM and 8:00 PM. Payments processed during scheduled maintenance periods may result in unexpected delays or processing errors.

• After receiving bKash e-money in the User’s bKash Payment Account, the Authorized Persons of the User shall be able to make payment to the Billers through the Payment Portal, i.e. one of the Authorized Person shall upload the Payment File with accurate billing information and amount to be paid and the other Authorized Person shall approve the same after receiving the validated information of the bill.

• Due to the simultaneous execution of multiple high-volume payments at a time to the Billers, the payment may not be instant and take longer time.

• At the time of making payment, bKash shall deduct the Convenience Fee from the Payment Fund against payment of bills as per the following rate from the bKash Payment Account of the User:

This Convenience Fee shall be payable by the User for each payment made through the Payment Portal. The rates are inclusive of all applicable VAT and Taxes.

• Tax & VAT will be applied in accordance with the enforceable laws of the land.

6.    CONFIDENTIALITY

• All Confidential Information of bKash shall be considered to be the trade secrets of bKash and they shall be entitled to all protections given by law of trade secrets.

• This document and related contents are confidential and either Party shall not disclose the contents either in full or in part to any third party either in hard or soft format without the prior written approval from the other Party.

• The Parties covenant and agree to keep confidential and secret, whether stated to be confidential or not, all verbal and written communications and all other information that the Parties came to know pursuant to the relationship created by this Terms of Use.

• The Parties shall not use or disclose to any person, firm, corporation or other business entity any Confidential Information, and shall not in any other way publicly or privately disseminate any Confidential Information pertaining to the Parties, and shall not help anyone else to do any of these mentioned above.

• The liabilities of the Parties under this Confidentiality clause shall remain valid and effective for one (01) year, upon the expiration or termination of this Terms of Use.

6.    General Terms: 

• Neither Party may assign its rights or obligations under this Terms of Use to any third party, except bKash to its associates, subsidiaries or affiliates. Any purported assignment in breach of this section will be null and void.

• If any provision or condition of this Terms of Use is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of this Terms of Use and the applicable governmental rule, regulation, order, or law shall prevail.

• This Terms of Use and the obligations created by this Terms of Use shall continue to be valid and binding notwithstanding any change by amalgamation, reconstruction or otherwise (including but not limited to a change of name or corporate identity) which may be made in the constitution of either Party to this Terms of Use.

END OF THE DOCUMENT