This Agreement contains the complete terms and conditions that apply to your participation in uab Pay+ mobile money transfer services. These terms and conditions take effect on the date of publication. By participating in or continuing to use the uab Pay+ service, you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
The following terms when used in these terms and conditions or any document referred to herein shall have the following meaning :
uabpay+ means an ecosystem platform for all the consumers, merchants, and agents providing them with cheapest, easiest, and widest range of payment services.
Account means an uab pay+ account owned and operated by the agent/ Customer under conditions of this Agreement.
Users or Customer means users who are end-customers of uabpay+.
Agreement means this Agent Agreement which consists of these general terms and conditions. These terms and conditions may be amended by uab bank from time to time, as directed by the Central Bank of Myanmar.
Active account means an Account in which at least one (1) transaction has occurred in the last ninety (90) days.
Transaction means an action of performing financial or non-financial business activities using the mobile phone including, but not limited to cash in, cash out, transfer domestically/ internationally, bill payments, merchant payments, balance inquiry, etc.
KYC means any “Know Your Customer” Identity registration requirements issued by the Central Bank of Myanmar to time and other regulatory authorities in Myanmar.
Service means the mobile financial services, and in particular the provision of payments and financial services through the use of mobile technology infrastructure including, electronic terminals, and credit tokens.
Commission means the amount entitled to the Agent for each scope of work performed on uab pay+ App.
Passcode means the 6 digits code received via SMS to your registered mobile number.
Business ID means auto-generated ID from system upon registration.
Business Category means different types of business for merchants/agents.
Fees mean all fees and charges for the use of the service, as published by uab pay+ and included in the contract of fees.
SMS means Short Messaging Service and it refers to the alert and notification service made available on the uab pay+.
Cash in means depositing cash to the uab pay+ for the purpose of making transactions.
Cash out means cash withdrawal form the wallet account.
MPU Cards means ATM cards of any bank within the MPU network.
123 Services means multiple payment methods from over-the-counter transactions to online banking services.
Bank Accounts means uab bank account.
Over The Counter means top up or withdrawal at any of uab bank branches.
QR means the code which users scan in order to make transactions such transfers, purchases, payments, etc.
DESCRIPTIONS OF SERVICES
The purpose of uab pay+ is to provide Agent Banking Services to customers via uab designed Agents. uab pay+ users will be able to perform financial services electronically via his/her mobile services and/or at uab appointed Agents.
Scope of Service
Under the scope of this Terms & Conditions, uab pay+ offers the following products and service to Agents.
uabpay+ users will be able to perform the following services
Customer Account Registration/ Upgrade
QR Code Payment Acceptance
OBLIGATIONS OF AGENT
The Agent has a duty to issue receipts/ tax invoices or any evidence of receipt to customers and/ or clients as prescribed by law.
If the Agent intends to modify its payment type and/ or amend the method or conditions for selling of goods, engaging of services or performing of works, affecting to the Bank’s performance of Services hereunder, the Agent agrees to notify the Bank of such in writing thirty (30) days in advance. In this case, the Bank reserves the right to charge an additional fee as proper and both parties shall agree and make it in writing and such document shall be deemed an integral part of this Terms & Conditions /Agreement.
The Agent shall provide uab bank with any updated personal information together with supporting documentations if the Agent’s personal information changes of if
uab bank request to satisfy KYC requirements or other legal/regulatory requirements.
The Agent agrees that the Bank is entitled to set- off all amounts which the Agent is obligated to pay or refund to the Bank against the sum to be payable by the Bank to the Agent under this Agreement without any disputes. If the amount of Agent’s account is not sufficient to set-off, the Agent agrees to pay outstanding amount to the Bank. In case of the Agent fails to pay such outstanding amount, the Bank has the right to charge an interest at the rate fifteen percent (15%) per annum of outstanding amount from the due date until the date on which all payments have been made in full.
The Agent acknowledges and agrees that in case any damages or errors occur from the Bank’s performance of Services according to information as delivered by the Agent, the Agent not claim any damages against the Bank and/or shall be solely responsible for such damages or errors with its customers.
The Agent shall not use the Services for any abusive, illegal, fraudulent or criminal purpose, including money laundering and terrorist financing.
PRICING AND COMMISSION
The Agent shall be entitled to receive commission for each scope of work performed on the uab pay+ App and the commission structure is as provided in contract and agreed. uab bank deserves the right to change the commission structure at its own discretion and notify the Agents whereupon the new commission structure shall immediately become effective.
Limitation of Liability
uab bank will process and complete all Agent Banking transaction initiated which comply with this terms and conditions.
SUSPENSION OR TERMINATION
This Terms & Conditions/ Agreement shall be effective from the date hereof. Any party who intends to terminate the Agreement shall give advance written notice to the other party not less than ninety (90) days prior to the termination of this Agreement/ Terms & Conditions.
This Agreement/ Terms & Conditions shall be terminated and the bank is entitled to cease the Services forthwith by closing the Applicant’s user account in any one of the following circumstances:
The Applicant uses and/or declares false information; or
The Applicant is in breach of any provision of the Agreement, and the Applicant does not remedy said breach within fifteen (15) days upon receipt of the relevant notice from the other party, then the bank may immediately terminate the agreement or, at its option, suspend the performance of its obligations under this Terms & Conditions/ Agreement until the breach is remedied; or
Either party is adjudged bankrupt or dies or ceases to exist as a juristic entity or having any other legitimate ground which makes either party unable to comply with this Agreement/ Terms & Conditions, it shall be deemed that this Agreement is immediately terminated.
Upon termination of this Agreement/ Terms & Conditions in any case, the Applicant shall announce the termination in a conspicuous place that can be seen obviously by its customers and/or clients. The announcement shall commence from the date of the Services is ceased and shall describe the contents that are harmless to and promote both parties’ image. This clause will not deprive the Bank’s right of any compensation and damages due to the termination hereof by the Agent/ Applicant’s acts.
SECURITY AND CONFIDENTIALITY
The parties understand that all documents, information or material produced or acquired under this Terms & Conditions are confidential information and trade secrets. Neither party is entitled to disclose nor cause to be known by any way of such confidential information and trade secrets to any third party and agrees to properly keep them at any time either during and after the period hereof, except for the disclosure required by a court order or provisions of law.
Unless otherwise specified herein, any amendment, addition or alteration of the terms and conditions shall be made in writing and executed by the duly authorized representatives of both parties.
This Terms and Conditions/ Agreement is made in English and Myanmar language only. No translation of this Terms and Conditions/ Agreement into any other language except English and Myanmar shall be of any force or effect.
This terms and conditions/ Service Level Agreement shall be determined in accordance with, and be governed by the laws of the Republic of the Union of Myanmar. Both parties agree to attempt to resolve all disputes between both parties with respect to the application or interpretation of any term hereof of transaction hereunder, through amicable negotiation. If a dispute cannot be resolved in this manner within 30 days after the date of the notification of such disputes, the case under dispute shall be submitted to the Myanmar Arbitration Center at UMFCCI (The Union of Myanmar Federation of Chambers of Commerce and Industry) in accordance with its rules in effect at the time of applying for arbitration. The place of arbitration shall be in Republic of the Union of Myanmar. If disputed cannot resolved by arbitration way, both parties shall have the right to attend the relevant jurisdiction of the court of the Union of Myanmar.