Preamble
These Terms and Conditions of Use (hereinafter the "T&Cs" or "Contract") govern access to and use of the web application business.monniz.com, the Monniz Business iOS/Android mobile applications, the application programming interfaces (APIs), and any related service (collectively, the "Service"), published and operated by MONNIZ GROUP, a public limited company with a capital of 30,000,000 XOF, registered with the Trade and Personal Property Credit Register of Cotonou under number RB/COT/25 B 41103, with its registered office at Carrefour Jéricho, Cotonou, Republic of Benin (hereinafter "Monniz", "we" or "our").
Nature of the Service, essential clauses. The Merchant expressly acknowledges, as a prerequisite to using the Service, that: (i) Monniz is not a bank and does not provide banking services; (ii) Monniz is not a payment institution or an electronic money issuer within the meaning of applicable regulations; (iii) Monniz is a technology platform that aggregates, orchestrates, and facilitates access to financial and operational services provided by approved partners (payment processor, Mobile Money operators, virtual card issuer, crypto processors, identity verification providers, email provider, etc.); (iv) Monniz does not hold, retain, or store any funds belonging to the Merchant or its end customers. All funds are held and operated exclusively by Monniz's financial partners, in accordance with their own terms and approvals.
Any reference in these T&Cs to a 'wallet', 'balance', 'virtual card', or 'account' refers to a technical interface provided by Monniz to allow the Merchant to view and process operations on funds held with its financial partners.
By creating a Business Account, accessing the Service, or using it, you (hereinafter the 'Merchant' or 'you') acknowledge that you have read, understood, and unreservedly accepted these T&Cs, as well as the General Sales Conditions, the Privacy Policy, and the Cookie Policy. If you do not accept these terms, you must immediately cease using the Service.
1. Definitions
Application: the Monniz Business mobile applications available on official app stores (Google Play, App Store), and the web application business.monniz.com.
Public shop: the online showcase of the Merchant, accessible at monniz.shop/your-slug or via a custom domain name, which presents the Merchant's products, services, reservations, or tickets to its end customers.
End customer: any natural or legal person who purchases a good or service, or who makes a reservation, from the Merchant via the public shop or through any other Monniz channel.
Business Account: the unique technical interface assigned to a Merchant, grouping its XOF wallet, virtual cards, catalog, orders, invoices, quotes, team, shop settings, and the history of its operations.
Team: the members added by the Merchant to its Business Account, endowed with one or more roles (RBAC) giving them access to all or part of the functionalities according to the defined permissions.
Service Fees: the fees charged by Monniz for executing a financial operation, communicated before validation. To be distinguished from any fees applied by financial Partners (Mobile Money gateways, card issuers, etc.).
Payment instrument: the means used to fund or debit a Business Account (Mobile Money, bank card, transfer, Monniz wallet of another Merchant).
KYB (Know Your Business): the process of verifying the Merchant's activity required by regulations, including the collection of documents (business registration, tax ID, sector authorization, etc.).
KYC (Know Your Customer): the process of verifying the identity of the manager or beneficial owners, required by AML-CFT regulations.
AML-CFT: the fight against money laundering and the financing of terrorism.
Merchant: any individual entrepreneur or legal entity that has created a Business Account and accepts these Terms and Conditions.
Mobile Money: electronic money services operated by mobile network operators in the Covered Countries (Wave, Orange Money, MTN Mobile Money, Moov Money, Free Money, etc.).
Partner or Financial Partner: any third-party service provider, duly licensed in its jurisdiction, that holds the funds of the Merchant and/or its End Customers and/or executes the financial operations underlying the Service (notably Mobile Money operators, card issuers, payment service providers).
Covered Countries: the countries where the Service is officially available: Benin, Senegal, Côte d'Ivoire, Mali, Cameroon, Burkina Faso, Togo, as well as any other country added later.
Service: the set of technological features described in Article 4.
Vertical: the main sector of activity of the Merchant (Restaurant, Beauty, Coach, Artisan, Freelance, Shop), determining the features offered by default on the Business Account.
Wallet Monniz: the technical interface reflecting the amount in XOF held with a Financial Partner on behalf of the Merchant, accessible via the Service.
2. Acceptance and modifications of the Contract
2.1 Acceptance. Acceptance of the Terms and Conditions is evidenced by the creation of a Business Account and the use of the Service. This acceptance constitutes an electronic signature under applicable law, including Benin law No. 2017-20 of April 20, 2018, on the Digital Code.
2.2 Modifications. Monniz reserves the right to modify the T&Cs at any time, in particular to reflect legislative, regulatory, technical, or commercial changes. Any substantive modification will be notified by email to the address associated with the Business Account, by in-app notification, and by publication on business.monniz.com. The new T&Cs take effect thirty (30) days after notification, unless the modification is required by law. Continued use of the Service after this date constitutes implied acceptance. Failing acceptance, the Merchant may terminate the Contract in accordance with article 19.
3. Registration, KYC manager and KYB business
3.1 Eligibility conditions. Registration is reserved for legal adult individuals residing in a Covered Country, having the legal capacity to enter into a contract, and not being subject to an asset freeze, international sanctions (notably OFAC, UN, EU, ECOWAS), or prohibited from financial services by any competent authority. Legal entities (companies, associations, cooperatives) can subscribe to the Service through their legal representative.
3.2 Account creation. Registration requires the provision of accurate, complete, and up-to-date information: first name, last name, email, phone, password. Only one Business Account per Merchant is allowed. Duplicate, fictitious accounts or accounts created under a false identity will be closed without notice and may be reported to the authorities.
3.3 KYC verification of the manager. In accordance with BCEAO regulations, UEMOA directive no. 02/2015/CM/UEMOA, and AML/CFT obligations, the Business Account manager must complete an identity verification procedure before being able to use certain features (withdrawals, USD virtual cards, transfers above thresholds). This verification is performed via a specialized partner and requires the provision of a valid official ID, the capture of a selfie or video for facial comparison, and possibly proof of address.
3.4 KYB business verification. The Merchant must complete Know Your Business to access all features. The KYB verification covers the collection and verification of: the commercial register (RCCM) or equivalent; the tax identifier (NINEA, IFU, NIF depending on the country); applicable sectoral authorizations (e.g., health authorization for restaurants, training approval, etc.); the identity of beneficial owners; compliance with international sanctions.
3.5 KYC/KYB update. Monniz may, at any time and in light of its legal obligations, request an update of KYC or KYB information. Failure to respond within a reasonable time will result in the suspension of the Account until regularization. Persistent refusal may lead to account closure.
3.6 Team. The Merchant can invite team members with differentiated roles (administrator, accountant, cashier, etc.). The Merchant remains solely responsible for the actions taken by team members via the Business Account. Creating a team member does not exempt the manager from their KYC obligations.
4. Description of services
The Service includes the following technological features, subject to their availability in the Merchant's Vertical and Covered Country. For each, Monniz acts as a technological intermediary between the Merchant, its End Customers, and one or more Financial Partners that hold the funds and execute the operations.
4.1 Wallet Monniz XOF. Technical interface allowing the Merchant to view and use funds in XOF held in its name by an approved Financial Partner. The wallet balance does not earn interest. Monniz does not hold these funds at any time and does not act as a custodian.
4.2 Mobile Money and card collection. The Merchant may receive payments from its end Customers via Mobile Money (Wave, Orange Money, MTN, Moov, Free Money, T-Money, Flooz, Airtel Money) or credit card (Visa, Mastercard via notre processeur de paiement). Funds are credited to the Merchant's Monniz Wallet after the applicable settlement delay (T+N depending on settings). Monniz applies Service Fees published in the pricing schedule; depending on the payment method, the Merchant can choose to pass on or absorb these fees.
4.3 Public shop. The Merchant benefits from a configurable online showcase (templates by Vertical, multi-language FR/EN, custom domain, multi-shops on the same account). The public shop is accessible to End Customers at the address monniz.shop/your-slug and allows for the promotion of products, services, tickets, booking slots, as well as order/reservation taking with payment.
4.4 Catalog, variants, coupons. The Merchant can publish an unlimited catalog of products (physical, digital, services, tickets, subscriptions), manage variants (size, color, etc.), configure coupons (percentage/fixed, period, max uses, applicable products), and define delivery areas.
4.5 Reservations and appointments (Beauty, Coach, Restaurant). The Merchant can publish booking slots, manage limited resources (tables, chairs, lounges), receive reminders 24 hours in advance by email for its End Customers, and allow public cancellation via a token without login.
4.6 Quotes and B2B invoicing. The Merchant can issue quotes with public tracking, convert an accepted quote into an invoice with one click, schedule recurring invoices, automatically follow up on overdue invoices, and attach PDFs generated by Monniz to emails sent to its End Customers.
4.7 Transfers between Monniz wallets. The Merchant can transfer XOF instantly, without fees, to the wallet of another Monniz Business Account.
4.8 Mobile Money / bank withdrawals. The Merchant can withdraw the balance of their wallet to their Mobile Money number or reference bank account, at three speeds: instant (T+0, 1.5%), standard (T+1 business day, 1.0%), bulk (T+7, 0.5%). Triggering a withdrawal is subject to a 6-digit PIN and, where applicable, 2FA.
4.9 USD virtual cards. Via our card issuer partner, the Merchant may, after KYB approval, create one (1) Mastercard virtual card denominated in USD, top it up from their XOF wallet at the displayed rate, use it for international purchases, or withdraw from it. The Merchant expressly acknowledges that: (i) the Card itself and the funds held on it are held and stored exclusively by the card issuer partner; (ii) in the event of default, bankruptcy, internal fraud, regulatory sanction, IT incident, or any other event affecting the issuing partner and resulting in total or partial loss of funds loaded on Cards, Monniz cannot be held liable to refund these funds to the Merchant. The Merchant assumes this partner counterparty risk when using the Service.
4.10 Reserved. This section is intentionally left blank pending a future service.
4.11 Payment links. The Merchant can generate payment links allowing an End Customer to pay an amount via Mobile Money, card, or Monniz wallet without needing to log in to the public shop. The payer does not need a Business Account.
4.12 Multi-channel notifications. The Merchant receives, on key events (new order, payment received, new reservation, wallet transaction), in-app notifications, by email, and via WhatsApp Business (pre-approved Meta templates). End Customers only receive confirmation emails (order, reservation, delivery, ticket, invoice, quote). No WhatsApp communication is sent by Monniz to the Merchant's End Customers.
4.13 Reports, analytics, and exports. The Merchant has access to vertical-aware dashboards, CSV exports (transactions, catalog), configurable marketing pixels (Facebook, Google, TikTok) by shop, and an SEO infrastructure (XML sitemaps, dynamic OG images, JSON-LD).
4.14 Evolution of services. Monniz may, at any time, add, modify, or remove a feature of the Service. Any substantial removal of a service will be notified thirty (30) days in advance, except in cases of force majeure or legal obligation.
5. Subscription, fees, and billing
5.1 Unique rate. The Monniz Business subscription is four thousand nine hundred CFA francs (4,900 XOF) per month, automatically deducted from the Merchant's Wallet, with no commitment and access to all unlimited features of the Service.
5.2 Trial period. Upon registration, the Merchant benefits from a free trial period of thirty (30) days during which no deduction is made. The first deduction of 4,900 XOF occurs on the thirty-first (31st) day.
5.3 Transaction fees. In addition to the subscription, Service Fees apply to certain operations (withdrawals, XOF↔USD conversions, card transactions, etc.), published in the pricing grid of the Application. The Merchant may, for certain payment methods and depending on configuration, charge back or absorb gateway fees at checkout.
5.4 Modification of fees. Monniz may modify the subscription or pricing grid at any time. Any increase will be notified thirty (30) days before it takes effect. Fees already paid are non-refundable, unless otherwise stated.
5.5 Payment method. The monthly deduction is made exclusively by auto-debit from the Monniz Wallet. No credit card or mandate is required to subscribe or maintain the subscription.
5.6 Charge failure and suspension. If the wallet is insufficient on the due date, Monniz attempts the charge, then performs two (2) additional attempts at three (3)-day intervals (D+3 and D+6). No negative balance tolerance is applied. After three (3) failed attempts, the Business Account is automatically suspended, the public Shop displays a pause message, the dashboard switches to read-only (except wallet top-up remains possible), and all data is preserved. The Merchant receives an email on each failed attempt and on suspension.
5.7 Reactivation. As soon as the Merchant reloads their Wallet to the amount due, the deduction is immediately retried and, if successful, the Account is automatically reactivated in less than five (5) minutes. No penalties or reactivation fees are applied.
5.8 Annual rate. An advance annual payment is offered at 49,000 XOF/year, payable via Mobile Money in one go.
5.9 Customized rate. Beyond a certain level of activity, Monniz may agree on a customized rate with the Merchant. Any special condition is subject to a written amendment signed between the Parties.
6. Limits and ceilings
Monniz applies transaction limits (per operation, per day, per month) to comply with its AML/CFT obligations and to prevent fraud. These limits can be viewed in the Application and may vary based on: the KYC level of the manager; the KYB level of the business; the Vertical; the country of residence; the age of the Account; and the risk analysis conducted by Monniz or the relevant Partner.
Monniz may, without notice and at its sole discretion, adjust these limits up or down, temporarily suspend an operation, or require additional documentation.
7. Business Account Security
7.1 Identifiers. The Merchant is solely responsible for the confidentiality of its identifiers: email, password, PIN, OTP codes received by email, and biometric data. They agree not to share them, even with a team member (each member has their own identifiers).
7.2 PIN Code. The 6-digit PIN is required for any sensitive financial operation (withdrawal, transfer, card recharge). It must never be communicated to a third party, including a Monniz support agent who will never ask for it.
7.3 Two-Factor Authentication (2FA). Monniz strongly recommends enabling 2FA via TOTP app (Google Authenticator, Authy). 2FA may be made mandatory for certain sensitive operations or based on the risk level.
7.4 Sessions and Devices. The Merchant can, from their settings, view the list of their active sessions, revoke a device, and set up alerts for new logins. A login from a new device triggers an alert email.
7.5 Reporting. In case of loss, theft, disclosure, or suspicion of fraudulent use, the Merchant must immediately revoke their sessions from the Application and contact support at [email protected]. Failure to report promptly within a reasonable timeframe may result in Monniz refusing to process any claims regarding disputed operations.
7.6 Enhanced Authentication. Monniz may impose enhanced authentication (2FA, biometric verification, OTP) for sensitive operations, without this being considered a degradation of the Service.
8. Compliance, Sanctions, and Fraud Prevention
8.1 AML/CFT obligations. Monniz and its Partners are subject to BCEAO and UEMOA regulations regarding Anti-Money Laundering and Counter-Terrorist Financing. Monniz may request supporting documents on the origin of funds or the purpose of an operation, transmit any suspicious operation to the competent authorities (notably CENTIF of Benin and equivalents) or to its financial Partners required to do so, and block or refuse an operation without a disclosable reason when there is a reasonable suspicion.
8.2 International Sanctions. The Merchant declares that they are not on the UN, EU, OFAC, ECOWAS, UEMOA sanctions lists, or any equivalent list, and agrees not to use the Service for the benefit of any sanctioned person or entity. The Merchant also guarantees the compliance of their own end Customers.
8.3 Prohibited activities. The Merchant agrees not to use the Service for: any illegal, fraudulent, violent or public-order-violating act; financing of terrorist activities, money laundering, human trafficking, arms, narcotics or counterfeit trafficking; the sale of illicit, dangerous or regulated products without required authorizations (alcohol without a license, medication without prescription, weapons, etc.); unauthorized betting or gambling; circumventing sanctions, customs controls or exchange rules; any manual exchange activity, unregulated peer-to-peer cryptocurrency, or pyramid scheme; any chargeback fraud or multi-acceptance; any use of the Service by a minor without their legal representative.
8.4 Any violation results in the immediate suspension of the Business Account, blocking of funds within legal limits with the relevant Partners, and, if applicable, reporting to the competent authorities.
8.5 Anti-Fraud Policy. Monniz implements fraud detection measures (behavioral analysis, transaction scoring, device and location verification, abandoned cart monitoring, etc.). In case of an alert, Monniz may request additional documents, temporarily suspend the Account, or cancel or block an ongoing operation. These measures may cause delays and do not constitute a contractual breach by Monniz.
9. Status of Operations and Refunds
9.1 Final nature of completed operations. Any operation executed and 100% completed is final and irrevocable. No refund request will be accepted for a successfully completed operation, whatever the reason (regret, Merchant's misjudgment, dispute with an end Customer, quality of goods or services delivered in return, etc.). The Merchant is solely responsible for verifying information (amount, Beneficiary, currency, etc.) before validating each operation.
9.2 Failed Operations. When an operation fails before its complete execution with the financial Partner, the corresponding amount is automatically refunded to the Monniz Wallet, after deducting any Service Fees incurred (gateway fees, interoperability fees, non-refundable Partner fees). The refund timeframe depends on the relevant Partner and may take a few business days.
9.3 Errors attributable to the Merchant. Operations executed successfully based on erroneous information provided by the Merchant (Mobile Money phone number, IBAN, crypto wallet address, account ID, etc.) are non-refundable. Monniz may, on a purely commercial basis and without obligation, deploy reasonable efforts to recover the funds from the unintended recipient or Partner; any fees incurred for this process are borne by the Merchant.
9.4 Chargebacks. Any chargeback initiated by an end Customer with their bank or card issuer is charged to the Merchant's Wallet. The Merchant must provide Monniz, within forty-eight (48) hours of notification, with proof of the transaction (invoices, delivery proofs, customer exchanges, etc.). Failing this, the Merchant is required to refund Monniz the chargeback amount plus all fees and fines possibly applied by the payment networks, within 48 hours, under penalty of a 10% late penalty on the amount due. Monniz may hold the disputed amount equivalent for up to 180 days and debit the Merchant's Wallet.
9.5 End Customer Disputes. When an end Customer opens a dispute via the platform, the Merchant has forty-eight (48) business hours to respond in the dedicated interface. Monniz reserves the right, in the absence of a response or in case of clear evidence in favor of the end Customer, to resolve the dispute in favor of the end Customer, which may include a full or partial refund via the Merchant's Wallet.
9.6 Default of a Financial Partner. In accordance with Article 4 and the Preamble, Monniz shall not be liable to refund the Merchant for lost, frozen, confiscated, or unavailable funds due to the default, bankruptcy, internal fraud, regulatory sanction, IT incident, or any other event affecting a financial Partner holding said funds. The Merchant acknowledges assuming this counterparty risk when using the Service.
10. Public Store and Merchant Content
10.1 Published Content. All content published by the Merchant on their Public Store (product descriptions, photos, texts, prices, sales conditions, legal notices, FAQs, blog articles, testimonials, etc.) remains solely their responsibility. The Merchant guarantees that they hold all necessary rights to the published content (copyright, image rights, trademarks, etc.) and that it does not infringe on third-party rights.
10.2 Obligations towards End Customers. The Merchant is solely responsible for their contractual relationships with their end Customers: they set their own prices, their own sales terms and conditions, their own legal notices, their own delivery methods, their own warranty terms and conditions, and their own after-sales service. Monniz is not a party to the sales contract concluded between the Merchant and their end Customer.
10.3 Merchant's Own Sales Terms. Monniz provides a pre-filled sales terms template to facilitate compliance, but the Merchant is responsible for adapting it to their business and applicable legislation, and for obtaining acceptance from the end Customer for each order.
10.4 Prohibited Content. The following are expressly prohibited on the Public Store: any illegal, defamatory, racist, sexist, hateful, pornographic content, infringing on privacy, intellectual property, or public morals; any disparaging comparative advertising; any false price mention, false promotion, false origin; any content likely to mislead the end Customer about the essential characteristics of the product or service.
10.5 Moderation. Monniz may, at any time and without notice, remove, hide, or request the modification of any content clearly contrary to these Terms of Use, the law, or the rights of third parties. Suspension of the Business Account is not excluded in case of recurrence.
10.6 Custom Domain. The Merchant can connect their own domain name to their Public Store. The Merchant remains responsible for the registration and renewal fees of the domain with the registrar of their choice.
10.7 Customer Accounts per Store. When an end Customer creates an account on the Public Store, this account is scoped to that store only. The Merchant is responsible for processing the personal data of their end Customers in accordance with applicable law and Monniz's Privacy Policy (Article 11).
11. Personal Data
The processing of personal data is governed by the Privacy Policy available at business.monniz.com/legal/confidentialite, which is an integral part of this Agreement. Monniz processes data in accordance with Benin law n°2017-20 of April 20, 2018, on the Digital Code in the Republic of Benin and, where applicable, the equivalent legislations of the Covered Countries.
The Merchant expressly consents to the transmission of their data and that of their end Customers to the Partners necessary for the execution of the Service, including outside the ECOWAS zone when required by law or operation. For the data of their end Customers, the Merchant guarantees that they have obtained their prior consent in accordance with applicable regulations.
12. Intellectual Property
12.1 Ownership of Monniz. The name, logo, trademarks, databases, source code, interface, store templates, and all content of the Service are the exclusive property of MONNIZ GROUP or its licensors. Any unauthorized reproduction, representation, modification, extraction, or reuse is strictly prohibited and exposes its author to civil and criminal prosecution.
12.2 License to Use. The Merchant benefits from a limited, non-exclusive, non-transferable, and revocable license solely for the purpose of using the Service for professional purposes and in accordance with these Terms of Use.
12.3 Merchant Content. The Merchant retains all rights to the content they publish on their Public Store. However, they grant Monniz a non-exclusive, free, worldwide license, for the duration of the Agreement, solely for the purposes of hosting, reproducing, technically adapting, and displaying this content as part of the Service (store, OG images, sitemaps, exports, etc.).
13. Communications
13.1 Channels. Monniz may communicate with the Merchant via email, SMS, push notification, message in the Application, WhatsApp Business (Meta-approved templates), or any other channel indicated by the Merchant. Any electronic communication has the same legal value as a paper communication.
13.2 WhatsApp Business. WhatsApp notifications are strictly reserved for the Merchant (new order, payment received, new reservation, wallet transaction). No WhatsApp communication is sent by Monniz to the Merchant's end Customers, who only receive emails.
13.3 Consent. The Merchant consents to receive electronic communications related to the Service. Withdrawal of this consent results in termination of the Agreement.
13.4 Marketing Communications. Commercial communications (offers, news, referrals) are sent subject to the Merchant's consent, which can be withdrawn at any time via the Application settings.
14. Service Availability
Monniz strives to keep the Service accessible 24 hours a day, 7 days a week with a targeted availability of 99.5%. However, interruptions may occur for technical reasons, scheduled maintenance, security reasons, or causes beyond Monniz's control, particularly due to a financial Partner. Monniz does not guarantee that the Service will be error-free or uninterrupted. No service-level commitment (SLA) is taken as standard; a custom SLA can be negotiated for Custom-Tier accounts (article 5.9).
15. Geographic Availability
The Service is intended for use in the Covered Countries. Monniz may, at its discretion, restrict access from certain countries or territories, particularly for regulatory or risk reasons. The Merchant agrees not to circumvent these restrictions by using VPNs, proxies, or any similar technical means.
16. Force majeure
Neither Party shall be held liable for any failure caused by a force majeure event: natural disaster, armed conflict, terrorist attack, epidemic, general strike, public infrastructure failure (electricity, internet, telecommunications), authority decision, major failure of a systemic financial Partner, etc.
The execution of the Contract is suspended for the duration of the event. If the event lasts more than sixty (60) days, either Party may terminate the Contract without compensation.
17. Liability
17.1 Liability of Monniz. Monniz undertakes to provide the Service with professional diligence, in its capacity as a technology platform. Monniz's total and cumulative liability towards a Merchant, for all heads of damage combined and all causes combined, is expressly limited to the total amount of Service Fees and subscriptions actually paid by the Merchant to Monniz over the twelve (12) months preceding the triggering event, and capped in any event at one million (1,000,000) XOF, except in case of gross or intentional misconduct by Monniz duly established by a court decision.
17.2 Exclusions. Monniz is not responsible for: (i) failures, bankruptcies, fraud or service interruptions of financial Partners, Mobile Money operators, card issuers, crypto processors or any other independent third party; (ii) total or partial loss of funds held with a financial Partner, in accordance with article 9.6; (iii) cases of force majeure; (iv) indirect damages, loss of profits, loss of opportunity, image damage or moral prejudice; (v) consequences of data entry errors attributable to the Merchant; (vi) the quality, delivery or content of goods and services sold by the Merchant to its end Customers; (vii) exchange rate fluctuations or crypto-asset price fluctuations; (viii) refusals, blocks or restrictions applied by payment networks, merchants or Partners; (ix) content published by the Merchant on its public Shop.
17.3 Liability of the Merchant. The Merchant is solely responsible for: (i) acts committed via their Business Account by themselves or by members of their team; (ii) any damage caused to Monniz, another Merchant, an end Customer or a third party as a result of use contrary to these T&Cs, negligence in safeguarding their credentials, the provision of false or misleading information, or any fraud or attempted fraud; (iii) contractual relations with their end Customers and disputes arising therefrom; (iv) content they publish on their public Shop; (v) compliance with legal obligations applicable to their activity (authorizations, taxation, consumer law, hygiene, etc.).
17.4 Indemnification. The Merchant agrees to indemnify Monniz for any claim, demand, action, or damage, including reasonable attorney fees, resulting from the Merchant's violation of these Terms of Use or applicable law, or from content posted on its public Store.
18. Evidence Agreement
The Parties expressly agree that the computer records (server logs, connection traces, transaction metadata, application events) kept by Monniz under reasonable security conditions shall be deemed conclusive between them, unless proven otherwise. Emails exchanged via the email address associated with the Business Account are also enforceable.
19. Termination and Account Closure
19.1 Termination by the Merchant. The Merchant may terminate their Business Account at any time, free of charge, from the Application or by contacting support at [email protected]. Termination takes effect once all ongoing transactions are settled and any amounts owed to Monniz are cleared. The wallet balance is refunded to the Mobile Money number or the referenced bank account within five (5) business days, subject to processing by the Partners.
19.2 Termination at Monniz's initiative. Monniz may terminate the Contract with one (1) month's notice, by written notification (email). Monniz may terminate without notice in case of: serious breach of these T&Cs; suspicion of fraud, money laundering or terrorist financing; failure to comply with KYC/KYB obligations; request from a competent authority or a financial Partner; use of the Account for prohibited activities (article 8.3); persistent unpaid amounts after suspension; prolonged inactivity (Dormant account for more than twenty-four (24) consecutive months).
19.3 Effects of termination. Upon termination: (i) new operations are no longer accepted; (ii) the public Shop is taken offline; (iii) ongoing operations are completed as far as possible; (iv) the balance of the Wallet and Cards is returned to the Merchant, to the extent of funds actually available from the relevant Partners and after deduction of fees and any amounts owed; (v) contractual obligations relating to confidentiality, intellectual property, liability, retention of financial data (10 years AML/CFT) and indemnification survive termination.
20. Complaints and Mediation
20.1 Customer Service. Any complaint must be addressed to [email protected] or via the support channels indicated in the Application. Monniz acknowledges receipt within three (3) business days and provides a final response within fifteen (15) days following receipt. In exceptional circumstances, this period may be extended to thirty (30) days, with the Merchant being informed of the date of the final response.
20.2 Mediation. In the absence of an amicable resolution, the Merchant may refer to any competent mediation body. Resorting to mediation does not deprive the Merchant of their right to take legal action.
21. Applicable Law and Jurisdiction
This Contract is governed by Beninese law. Any dispute relating to the formation, interpretation, execution, or termination of the Contract, in the absence of amicable resolution, is under the exclusive jurisdiction of the Commercial Court of Cotonou, Republic of Benin, notwithstanding the plurality of defendants or third-party claims.
Merchants residing in another Covered Country retain the benefit of the mandatory provisions of their residence law regarding commercial matters and professional protection.
22. Miscellaneous Provisions
22.1 Entire Agreement. This Contract, along with the General Terms and Conditions, the Privacy Policy, the Cookie Policy, the Legal Notices, and the current pricing grid, constitutes the entire agreement between the Parties.
22.2 Waiver. The fact that Monniz does not require strict performance of a provision does not constitute a waiver of its right to subsequently invoke that provision.
22.3 Assignment. The Merchant may not assign their rights or obligations without the written consent of Monniz. Monniz may assign the Contract to any group company or to a third party in the context of a reorganization, merger, or acquisition, provided that the Merchant is informed.
22.4 Severability. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in effect. The invalid provision shall be replaced by a valid provision having an equivalent economic effect.
22.5 Language. These Terms of Use are written in French, the official language of the Contract. Any translation is provided for informational purposes only; in case of discrepancy, the French version prevails.
23. Contact
MONNIZ GROUP, Carrefour Jéricho, Cotonou, Republic of Benin.
Email: [email protected], Phone: +229 01 95 66 96 26, Website: business.monniz.com.
A question about this document? Contacte-nous or write to [email protected].