NMB Merchant Terms and Conditions

4.1.Where applicable, the Merchant shall complete the PCI Self-Assessment Questionnaire provided by NMB and furnish NMB with a copy of such questionnaire within thirty (30) days of signing this agreement.

4.2.The Merchant shall not facilitate the sale and/or provision of goods and/or services that are illegal or unlawful.

4.3.The Merchant's business(es) shall be operated by appropriately qualified employees that are able to manage card payments. To that end, the Merchant shall permit NMB to train its employees for the purposes of this agreement.

4.4.The Merchant shall conduct all of its transactions with regards to this agreement in the currency of the United States Dollar (USD).

4.5.The Merchant shall accept all NMB approved payment cards received from customers for the purchase of goods and/or services.

4.6.The Merchant shall release the goods and/or services to the customer upon the successful completion of a transaction; all receipts must confirm the success of the transaction.

4.7.The Merchant may request for additional identification information from cardholders, at its discretion.

4.8.The Merchant shall treat purchases by card in the same manner as it does all cash purchases. NMB will inform the Merchant of the circumstances where it may charge a different price to the customer. Should the Merchant be able to charge a different price, such price shall not exceed the amount of the merchant service charge for the card payment.

4.9.The Merchant shall adhere to the procedures provided by NMB with regards to the processing of transactions.

4.10.The Merchant shall seek voice authorisation from the card issuer through NMB, to complete certain transactions. Should the Merchant proceed without obtaining authority from the card issuer through NMB, nothing shall prevent NMB from charging the card payment back to the Merchant.

4.11.The Merchant shall refund cardholders by means of a card transaction.

4.12.The Merchant shall ensure that Point of Sale devices and all equipment provided by NMB are kept in a secure manner at all times. The Merchant shall be liable for the loss of or damage to Point of Sale devices as a result of negligence.

4.13.The Merchant shall report all faults to the NMB Call Centre (+263719371722/5) within 24 hours of becoming aware of the occurrence of such faults.

4.14.The Merchant shall display NMB marketing and promotional material at its business premises.

4.15.Where applicable, the Merchant shall display its trading name visibly at its premises.

4.16.The Merchant shall keep all payment details in a safe manner and for a period of no less than 3 years from the date of the card transaction. NMB reserves the right to inspect or audit the premises of the Merchant to ensure that payment details are stored securely.

4.17.The Merchant shall upon request by NMB, provide all card payment and refund details.

4.18.The Merchant undertakes to operate its business and utilise all Point of Sale devices exclusively at the physical address declared to and approved by NMB. The Merchant shall inform NMB immediately and in writing of any change to its business, including but not limited to a change in trading name, legal status, nature of business, or physical operating address. The Merchant shall obtain prior written approval from NMB before any relocation or change of operating address. In the event of business closure, the Merchant shall provide NMB with written notice no less than thirty (30) days prior to such closure. Any failure to operate from the declared physical address, or any unauthorised relocation of Point of Sale devices, shall constitute a material breach of this Agreement, entitling NMB to suspend transactions, recover equipment, and/or terminate this Agreement without prejudice to any other rights or remedies available to NMB.

4.19.The Merchant shall remain in possession of a card upon NMB's request to do so provided that there is no risk of harm on the part of the Merchant by so doing.

5.1.NMB shall ensure that the employees of the Merchant are trained with regards to this agreement.

5.2.NMB shall provide the Merchant with the required equipment, signage, marketing material and assistance to enable the Merchant to carry out its duties.

5.3.NMB shall have an operational twenty-four hour (24) hour Call Centre (08080012-4) to assist the Merchant with the resolution of queries.

5.4.NMB shall pay the settlement amount of all card payments (less any merchant service charges, chargebacks and refunds) to the Merchant.

5.5.NMB shall not make any payment for any transaction that does not conform to the definition of a card payment as defined in this agreement.

5.6.NMB shall carry out inspections of the Merchant's business(es) to ensure that the Merchant is complying with the terms of this agreement.

5.7.NMB reserves the right to temporarily withhold payment or debit the account of the Merchant with the amount of the card payment, only in cases where there is:

1. 5.7.1.Suspected fraudulent transactions or chargebacks that are supported by reasonable evidence.
2. 5.7.2.The Merchant's failure to fulfill its contractual obligations, after providing the Merchant with written notice and a reasonable opportunity to remedy the breach.
3. 5.7.3.Compliance with applicable laws, regulations, or government orders related to suspicious or illegal activities.

5.8.NMB reserves the right to temporarily refuse to process card payments or act upon any payment instruction given by the Merchant, under the following circumstances:

1. 5.8.1.Where there is reasonable suspicion of fraudulent activity or non-compliance with applicable laws and regulations.
2. 5.8.2.Where the Merchant has failed to fulfill its contractual obligations, after providing the Merchant with written notice and a reasonable opportunity to remedy the breach.
3. 5.8.3.Where NMB is required to do so by a court order or directive from a regulatory authority.

5.9.NMB reserves the right to refuse to process card payments or act upon any payment instruction given by the Merchant regardless of whether or not authorization has been provided.

5.10.NMB reserves the right to chargeback transactions to the Merchant after the effective time frames have elapsed without obtaining consent from the Merchant.

5.11.NMB shall provide the Merchant with a card recovery bulletin as received from the relevant card schemes.

5.12.NMB may at its discretion withdraw its Point of Sale device(s) from the Merchant in the event of misuse or impose a charge of seven hundred American Dollars (USD$300) for the replacement of each device, in the event of loss or damage as a result of negligence.

5.13.NMB may, at any time, vary the terms of this agreement on notice to the Merchant.

5.14.NMB may share information on the Merchant with regards to this agreement, with Credit Reference Agencies, Card Schemes and other members of the NMB Holdings Group and/or financial institutions and, where appropriate, debt recovery agencies. NMB shall ensure that the Merchant's information shall be protected in accordance with the strictest code of confidentiality and security which all members of the NMB Holdings Group, their staff and any third parties are subject to, and the Merchant's information shall only be used in accordance with NMB's instructions.

8.1.NMB may request security as collateral in terms of this agreement.

8.2.Should a claim be raised with regards to anything the Merchant did or failed to do, NMB shall be entitled to access any amount in any account that the Merchant has with NMB or any other financial institution, to set-off the liability.

8.3.Should NMB be unable to recover any amount owing to it within two (2) weeks from the date that the claim was raised, NMB may impose a penalty fee calculated at the applicable prevailing NMB lending rates.

9.1.The Merchant shall treat as confidential all information relating to cardholder transactions and shall inform NMB immediately should any cardholder data be stolen, compromised or disclosed in any way.

9.2.Each Party agrees to keep all information obtained during the course of this agreement, confidential and agrees that it shall not without the prior written consent of the Merchant, customer, or NMB, divulge information relating to the Merchant, customer, or NMB; unless required to do so by law.

10.1.NMB shall have the right to terminate this agreement in the event that the Merchant:

1. 10.1.1.Commits any act of fraud or theft against customers or NMB or involving the use of NMB's merchant services platform; and/or
2. 10.1.2.Commits an act that brings NMB into disrepute; and/or
3. 10.1.3.Fails to perform any of its obligations in terms of this agreement.

11.1.If the Merchant is in breach of the provisions of clause 10 hereof, NMB may terminate this agreement immediately and thereafter inform the Merchant in writing of the reasons thereof.

11.2.Either party may also terminate this agreement for whatever reason by giving thirty (30) days' written notice to the other party.

11.3.Upon the termination of this agreement for whatever reason, the Merchant shall return all equipment and materials belonging to NMB that may come to its possession in terms of this agreement immediately.

12.1.NMB will not be liable for any costs, loss or damage whether special or consequential, arising from any suspension or termination of this agreement unless as a result of negligence or wilful misconduct on the part of NMB.

12.2.The Merchant shall indemnify NMB from and against any and all costs incurred by the Merchant of whatever nature and any loss, damage or liability, whether criminal or civil, suffered by NMB resulting from a breach of this agreement or any laws and regulations governing the provision of merchant services by the Merchant including but not limited to breaches caused by any act, neglect or default of the Merchant and/or its employees, or any customer or third party claim in respect of any matter arising from the Merchant's or its employees' conduct.

12.3.No warranties or representations are made with regard to potential revenues that may be earned by the Merchant from the provision of the merchant services.

12.4.The Merchant shall be liable for losses, damages or other liabilities arising from the negligence or willful misconduct of its employees, agents, and/or subcontractors, but only to the extent that such negligence or misconduct is directly related to the Merchant's obligations and responsibilities under this agreement.

12.5.Neither party shall be liable for any loss, damage, delay or hindrance in the performance of the terms of this agreement due to circumstances beyond its reasonable control, including (but not limited to) Acts of God, Acts of War, Government Acts or Regulation, riot, strike, lock-out, wage dispute or labour disturbance, accident, fire, civil unrest, sabotage, or willful damage or negligence by a third party.

13.1.The parties consent to the jurisdiction of the courts in Zimbabwe in any matters or disputes arising from this agreement and the law applicable to this agreement shall be that of Zimbabwe, provided that, as it is desirable that all disputes initially be resolved amicably, if the parties have failed to resolve a dispute amicably, the dispute shall be submitted to arbitration by an Arbitration Committee or an Arbitrator appointed by the Harare Commercial Arbitration Centre.

13.2.In the event that the parties fail to agree on arbitration, either party may issue out process through the courts of Zimbabwe and the rules relating to procedures on civil disputes shall apply.

13.3.Where the parties agree to have the matter resolved by arbitration, the decision of the Arbitration Committee or Arbitrator shall be final.

14.1.In addition to compliance with other applicable laws, rules and regulations affecting the transactions described in this agreement, the Merchant shall:

1. 14.1.1.Comply with all applicable anti-bribery and anti-corruption Laws and Regulations;
2. 14.1.2.Not offer any bribe or facilitation payment to any public official or any other person; and
3. 14.1.3.Not do anything that may cause NMB or any of its affiliates (including without limitation, NMB's ultimate parent company, NMB Holdings) to breach any law relating to Bribery and Corruption.

14.2.The Merchant shall promptly notify NMB in writing of any actual or potential breach of this provision. Should the Merchant breach or appear to breach this provision, NMB may immediately terminate this agreement.

15.1.The Merchant may deliver communication to NMB Merchant Services at the Digital Centre in Harare, or through the NMB Merchant Services contact channels provided by NMB.

15.2.NMB shall deliver notices to the Merchant making use of the physical and/or email addresses provided by the Merchant upon application for this facility.