MERCHANT APPLICATION FORM

Merchant Name:

Type of Business:
Business Address:

Telephone No: Fax No:

Brief Description of products to be sold through Ecocash:

Projected number of transactions (per month):

Authorised Merchants signatory:

Signature:
Designation:
I/We hereby certify that all the information provided is correct. I/We authorize Econet to use the information
contained herein to process the application. We hereby agree that the Ecocash Merchant terms and conditions signed on shall
remain applicable to this application. I/We have been provided with a copy of the said terms and conditions and have read and understood the same.

Disclaimer:
Please note that the completion of this form will not bind Econet in any particular course of action and submitting of the information shall not create a
contractual relationship between the parties unless and until the application has been approved by Econet.

OFFICIAL USE
Merchant Code
Merchant Line

Recommended
Approved
Date

IN ASSOCIATION WITH
 EcoCash Merchant Terms & Conditions

WHEREAS Econet is desirous of appointing Customer and have an Econet line to facilitate material is available for use by the Merchants.
___________________________________________ registration as an Econet mobile money 4.3 Have a fully operational Call Centre manned by
___________________________________________ Merchant (Ecocash Merchant). qualified employees and/or automated
as its Merchant to accept payments through Econet 3.2 The Merchants outlets shall be staffed by systems to assist in the resolution of problems
Mobile Money Transfer (EcoCash) as well as to appropriately qualified and trained staff related to the EcoCash Services.
provide related mobile money transfer services members to handle Ecocash payments. Should 4.4 Econet excludes warranties of all kinds and
offered by Econet Wireless (Private) Limited Econet organise training for Outlet staff, the shall not be liable for any costs, loss, liability or
(Econet) as part of its mobile phone services and Merchant will ensure that Outlet staff are in damage whether direct, special or
products within Zimbabwe on non-exclusive basis; attendance. The Merchant shall not do or omit consequential whatsoever and howsoever
to do anything which could reasonably be arising whether from any suspension or
AND WHEREAS the Merchant is agreeable to the regarded as inconsistent with this obligation. termination of this Agreement or otherwise.
provision of such merchant services to Econet 3.3 The merchant shall accept EcoCash payments 4.5 Econet will train outlet staff so that they are
from customers for goods and services bought. proficient with EcoCash before they start
NOW THEREFORE IN CONSIDERATION OF THE The procedure for accepting EcoCash offering the EcoCash services to the market.
AFOREGOING THE PARTIES HAVE AGREED AS payments shall be as follows: Econet will meet all expenses related to the
FOLLOWS: 3.3.1 The merchant shall display his merchant code training venue and training material, while the
at all times where it is clearly visible to Merchant meets all travel and accommodation
1. DEFINITIONS customers. expenses incurred by their officers when they
3.3.2 The customer will initiate a payment attend training.
1.1 Cash-Out means the process of redeeming transaction for good and/or services through
e-value for cash from the Agent. USSD (cell phone) menu dial string *151*200# 5. CHARGES
1.2 Customer means every person in whose name 3.3.3 The Merchant shall ensure that the customer
an EcoCash account is registered in connection quotes the Merchant Code in all payments 5.1 Econet will prescribe a charge for the Merchant
with the use of EcoCash services and who also made through Ecocash. for the liquidation of e-money and the
purchases goods and/or services from the 3.3.4 The Merchant shall not deduct any charges for transaction charges are as follows:
Merchant. the payment transactions made by the 5.1.1 Cashing out through an EcoCash Agent will
1.3 E-value or e-money means the electronic Customer. In this regard the amount attract a charge of 3% of the amount being
money in the Mobile Money Transfer System transferred by the Customer shall be cashed out with a maximum cap of $6. The
which will equate to the deposits in the Econet equivalent to the price(s) of goods and/or charges may change from time to time at the
Trust Account at TN Bank. services displayed on the till. discretion of Econet.
1.4 E-wallet means an E- value repository. 3.3.5 The Merchant shall release the goods and 5.1.2 A bank transfer will attract the prevailing bank
1.5 EcoCash Agent means an entity registered by or/services to the customer upon successful charges for bank transfers.
Econet to fulfill functions of registering completion of the transaction and the money
customers and effecting deposits and reflecting in the Merchants e-wallet. In this 6. INDEPENDENT CONTRACTOR
withdrawals. regard the Merchant shall receive an SMS
1.6 EcoCash Transfer and Payment system notification showing inter alia the amount paid 6.1 The Parties acknowledge that, save for the
means the EcoCash mobile money system on by the Customer, their name and customer duties and powers of the Merchant as stated in
which the Mobile Money Transactions are number. A receipt shall be generated where clause 3, hereof nothing in this Agreement
done. systems are integrated. shall be construed to create a relationship of
1.7 Merchant means an entity that accepts 3.3.6 At any time The merchant may choose to employment or partnership whatsoever
E-value as a payment mode for goods and/or liquidate his/her e- wallet at any EcoCash between the Parties, whether for tax or any
services and also for bulk disbursement of cash agents outlet for amounts of up to US$500 or other purpose.
as E-value to beneficiaries. by issuing a bank transfer instruction for 6.2 Subject to clause 3 hereof neither Party shall
1.8 Merchant Code refers to a five digit number amounts more than US501 to the EcoCash have the right to bind the other to any
assigned to a business or organization by Department situated at David Livingstone Agreement with a third Party or to incur any
Econet upon registration as a Merchant House, Corner Seventh Street and Livingstone obligation or liability on behalf of the other
1.9 SMS means short message services. Avenue. Party.
1.10 USSD means the Unstructured Supplementary 3.4 The Merchant shall exercise full control over
Service Data menu on your cellphone that lists and take full responsibility to ensure that all 7. SECURITY MANAGEMENT
all the services. payment transactions are done as per the
procedures provided by Econet as well as for its 7.1 In the event of loss of the Merchants SIM card,
2. SCOPE OF MERCHANT AGREEMENT employees, their acts and omissions when the Merchant is required to inform Econet
carrying out Ecocash payment transactions. immediately so that the SIM card is blocked.
Econet hereby appoints and retains the 3.5 Where the Merchant gets involved in money The Merchant can contact the Econet call
Merchant, on a non-exclusive basis, to perform laundering, terrorist financing or any unlawful centre or send an e-mail to
functions, services and such other acts as the activities not governed by this agreement; the [email protected]. Reporting immediately
Merchant is specifically required to do Merchant shall be solely liable for any such will prevent unauthorised use. The Merchant
pursuant to the terms of this agreement. The illegally perpetrated activities. Econet will not, will be liable for any losses and costs incurred
Merchant agrees to perform its duties under in any way be party or held liable to such before the disconnection of the SIM card is
the supervision of Econet within Zimbabwe illegal activities. made by Econet.
commencing __________________20__, 7.2 The Merchant will be liable for any losses and
subject to renewal, extension or termination by 4. OBLIGATIONS OF ECONET costs incurred before they notify Econet.
the Parties. The Merchant is responsible for securing their
Econet shall: EcoCash and the cell phone used for mobile
3. MERCHANTS RIGHTS AND OBLIGATIONS 4.1 Ensure that the Mobile Money Transfer and money transaction. Econet will not be liable for
Payment System operates effectively in any loss of valuables from the Merchants
3.1 The Merchant shall forthwith upon execution accordance with the provisions of the EcoCash premises.
of this Agreement, if not already done prior to Procedures Manual.
such execution, register with Econet as a 4.2 Ensure that adequate marketing campaign
8. CONFIDENTIALITY this Agreement or any laws and regulations 12.5.2 An accounting matter, a practicing chartered
governing the provision of Mobile Money accountant of at least fifteen (15) years
8.1 The Merchant shall treat as confidential all Transfer Services by the Merchant including standing;
information relating to Customers, but not limited to breaches caused by any act, 12.5.3 Any other matter, an independent person
Transactions and Econet. neglect or default of the Merchant and/or its who is an expert in the field in which the
8.2 Each Party agrees to keep all information employees, or any subscriber or third party dispute has arisen, agreed upon between the
confidential and agrees that it shall not claim in respect of any matter arising from the parties.
without the prior written consent of the Merchants or its employees conduct. 12.6 Should the parties fail to agree whether the
Merchant, Customer, or Econet, divulge 11.3 No warranties or representations are made dispute is principally a legal, accounting or
information relating to the Merchant, with regard to potential revenues that may be other matter within seven (7) days after the
Customer, or Econet; unless required to do so earned by the Merchant from the provision of parties agreement to refer the dispute to
by law enforcement agents upon which the the Mobile Money Transfer services and no arbitration, the matter shall be deemed to be a
affected Party should be consulted. reliance should be placed on any statements legal matter.
or projections provided, whether verbally or in 12.7 Should the parties fail to agree on an
9. BREACH writing in this respect. arbitrator within seven (7) days after the
matter was referred to arbitration in terms of
9.1 Econet shall have the right to terminate the 12. DISPUTE RESOLUTION clause 12.2 hereof, the arbitrator shall be
Merchant Agreement in the event that the appointed at the request of either party to the
Merchant: 12.1 In the event of any dispute between the dispute by the Executive Secretary of the Law
9.2 Commits any act of fraud or theft against parties arising from this Agreement, the Society.
customers or Econet involving the use of the parties shall endeavour to resolve it by 12.8 The decision of the arbitrator shall be final and
Econet mobile money facility; and/or negotiation between their authorized binding on the parties and may be made an
9.3 Commits an act that brings Econet into representatives within seven (7) days of such order of the court referred to in clause 12.3 at
disrepute; and/or dispute arising. the instance of either of the parties.
9.4 Fails to perform any of its obligations in terms 12.2 In the event that the parties fail to reach 12.9 The provisions of this clause:
of this Agreement. agreement within the aforesaid period of 12.9.1 Constitute an irrevocable consent by the
seven (7) days, either party may refer the parties to any proceedings in terms of this
10. TERMINATION dispute to arbitration. clause and neither party shall be entitled to
12.3 Notwithstanding anything to the contrary withdraw therefrom or to claim in any such
10.1 If the Merchant is in breach of the provisions contained in this clause neither party shall be proceedings that it is not bound by such
of clause 9 hereof, Econet may terminate this precluded from obtaining interim relief from a provisions.
Agreement immediately and thereafter inform court of competent jurisdiction including any 12.9.2 is severable from the Agreement and shall
the Merchant in writing of reasons thereof. arbitral tribunal pending the decision of an remain in effect despite the termination of or
10.2 Econet may also terminate the Merchant arbitral tribunal appointed in terms of this invalidity for any reason of this or any part of
Agreement for whatever reason by giving 30 clause. Contract.
days notice to the Merchant. 12.4 The arbitration shall be held:
12.4.1 In Harare, Zimbabwe; and 13 MUTUAL CO-OPERATION
11. LIMITATION OF LIABILITY AND INDEMNITY 12.4.2 with such legal and other professional
representatives as the parties may The Parties undertake to act in good faith with
11.1 Econet will not be liable for any costs, loss or require; and respect to each others rights under this
damage whether direct, special or 12.4.3 in terms of the Arbitration Act (Chapter 7:15), Agreement and to adopt all reasonable
consequential, howsoever and when so ever as amended from time to time, it being the measures to ensure the realization of the
arising from any suspension or termination of intention of the parties that the arbitration objectives of this Agreement.
this Agreement. proceedings shall be held and completed as
11.2 The Merchant shall indemnify Econet, from soon as possible. 14. APPLICABLE LAW
and against any and all costs incurred by the 12.5 The arbitrator shall be, if the matter in dispute
Merchant of whatever nature and any loss, is principally: This Agreement shall be governed by the laws
damage or liability, whether criminal or civil, 12.5.1 A legal matter, a registered legal practitioner of Zimbabwe.
suffered by Econet resulting from a breach of of at least fifteen (15) years standing;
15. DOMICILIUM CITANDI ET EXECUTANDI
The Parties choose as their domicilia citandi et executandi for all purposes under this Agreement the following addresses
15.1 Econet Wireless (Private) Limited
No. 2 Old Mutare Road
Msasa
Harare

15.2 The Merchant

THUS DONE AND SIGNED AT ..................................... ON THIS .................... DAY OF........................ 20.................
IN THE PRESENCE OF THE UNDERSIGNED
WITNESSES

AS WITNESSES
1
2 ............
FOR AND ON BEHALF OF THE MERCHANT

THUS DONE AND SIGNED AT ..................................... ON THIS .................... DAY OF........................20.................

AS WITNESSES
1
2 ............
FOR AND ON BEHALF OF ECONET WIRELESS (PVT) LIMITED