TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF USE KONOOM MOBILE MONEY – AGENT WALLET ACCOUNT

Preamble

These terms and conditions of use of the KONOOM Mobile Money service are established by KONOOM S.A, a public limited company registered in CHAD, with a share capital of 500,000,000 FCFA, whose registered office is located in N’Djamena, Avenue Charles de Gaulle (building opposite BSIC), registered in the RCCM under number TD-NDJ-01-2025-B14-00004, NIF 9053965 R.

1. Purpose

These general terms and conditions of use define the conditions under which KONOOM SA or an authorized Distributor allows the Sub-Distributor (agent) to market, through its Agent Wallet, the payment contracts and services provided by KONOOM SA in accordance with Regulation 04/18/CEMAC/UMAC/COBAC relating to payment services in the CEMAC and the provisions of this agreement as well as the Distributor Manual.

The Sub-Distributor (agent) acts on behalf of KONOOM SA or a Distributor, without holding any approval themselves.

Acceptance, whether handwritten or electronic, of these general terms and conditions constitutes a contract between the sub-distributor (agent) and KONOOM SA, of which these general terms and conditions form an integral part.

2. Definitions

KONOOM Mobile Money Agent: sub-distributor who has entered into an agreement with KONOOM S.A or a distributor to ensure the distribution, sale, loading, reloading or cash collection for holders of Electronic Money through the KONOOM S.A service.

PIN Code (Personal Identification Number): personal identification number defined and kept secret by the user to protect their KONOOM Mobile Money account from unauthorized use.

Payment Account (Wallet): account held in the name of Clients or Merchants, in the records of KONOOM SA, for the execution of payment services operations, excluding those related to payment instruments and services referred to in Articles 3 para. 6 and 7 para. 1 of Regulation No. 04/18/CEMAC-UMAC-COBAC.

General Terms and Conditions: terms governing the contractual relationship between a Merchant and KONOOM S.A within the framework of the provision of KONOOM Mobile Money Services.

Distributor: any natural or legal person approved by KONOOM S.A to ensure the availability of electronic money through its distribution network, in the name and on behalf of KONOOM SA.

Payment Institution: licensed institution that regularly provides payment services such as KONOOM SA.

Merchant: any individual or legal person, trader or not, holding a KONOOM Mobile Money Wallet account and having entered into a partnership agreement authorizing them to receive electronic money from their customers or accept payments via their account in exchange for goods and services.

KONOOM Mobile Money electronic money: monetary value stored electronically, representing a claim on KONOOM SA, issued at face value against the provision of funds, for the purpose of payment operations and accepted by a natural or legal person other than the issuer, without involving a bank account.

KONOOM Mobile Money account number: number assigned to each payment account, either the MSISDN identification number of the SIM card provided by the mobile operator, or the IBAN generated by the payment institution according to ISO 13616.

KONOOM Mobile Money Service: payment services offered by KONOOM SA via a mobile phone solution through which a payment account holder can carry out financial transactions, create and manage an electronic money account accessible via the GSM network through a USSD code (*179#) or a downloadable application (KONOOM Mobile Money).

Pricing: schedule of fees for using the KONOOM Mobile Money Service as published and updated regularly by KONOOM SA.

3 - Opening of the Agent Wallet Account

The sub-distributor or agent is part of the distribution network authorized to carry out cash-in/cash-out operations as well as money transfers. To conduct transactions, the agent must hold an Agent Wallet, which may be opened when certain conditions are met.

Selection and contracting of the sub-distributor within the KONOOM Mobile Money network

Prior to the opening of an agent account, the Distributor must:

Verify eligibility criteria including:

  • Identity of the sub-distributor (KYC)
  • Address and location of service point
  • Financial capacity (minimum working capital)
  • Reputation and integrity
  • No regulatory sanctions

Sign an agreement with the agent:
Acceptance of these general terms and conditions, either handwritten or electronically, constitutes a contract between the approved Distributor of KONOOM SA and the agent.

Two scenarios:

  1. The Distributor registers the agent on the platform and uploads the required documents for opening the Agent Wallet.
  2. The agent downloads the KONOOM Mobile Money application, accepts the general terms and conditions, and completes enrollment by uploading the required documents. KONOOM SA then validates the Wallet Agent opening.

Required documents:

For a legal entity:

  • RCCM
  • Valid ID (passport or national ID) of the legal representative
  • Two ID photos of the representative
  • Location plan
  • NIF certificate

For an individual:

  • Valid ID
  • Two ID photos
  • Location plan

KONOOM SA reserves the right to request any additional documents necessary to identify the agent before approving the opening of the Wallet.

The agent agrees to comply with anti-money laundering and counter-terrorism financing regulations.

4. Terms of Use

In accordance with Article 63 of Regulation 04/18/CEMAC/UMAC/COBAC, the sub-distributor is authorized to offer only the following KONOOM Mobile Money payment services:

  • Services enabling cash deposit and withdrawal into/from a wallet or related management operations
  • Money transfer services that do not involve an account of either payer or beneficiary

The details of authorized payment services and their marketing by the sub-distributor are set out in the Distributor Manual.

Any extension or significant modification of services requires an amendment to the contract.

The Agent Wallet account is exclusively reserved for operations performed by sub-distributors related to KONOOM SA or an approved distributor.

The agent must comply with the transaction limits set by COBAC and KONOOM’s internal procedures (Article 10 of Regulation 04/18 of 21 December 2018).

5. Obligations of KONOOM or Distributor

KONOOM SA or the approved distributor undertakes to:

  • Provide the sub-distributor with the necessary tools, equipment, documents, and training
  • Ensure regulatory compliance of services
  • Provide the Distributor Manual or any other internal procedure
  • Ensure continuous availability of the mobile application
  • Manage contractual relationships with end clients when applicable
  • Monitor sub-distributor activities (inspection of business premises, points of sale, etc.)

6. Obligations of the Sub-Distributor

The Sub-Distributor or Agent undertakes to:

  • Promote KONOOM Mobile Money payment services in compliance with regulations, this contract, and KONOOM SA internal procedures
  • Provide customers with all mandatory information on offered payment services
  • Comply with AML/CFT regulations
  • Collect necessary KYC data for customer identification
  • Participate in training sessions
  • Keep an operations register and transmit data to KONOOM SA
  • Display fees and commissions
  • Ensure confidentiality of customer information
  • Inform KONOOM or the main distributor within 24 hours of any loss, theft, or degradation of provided equipment
  • Cooperate during internal/external audits and COBAC inspections

All equipment remains the property of KONOOM SA.

The sub-distributor must not overcharge customers beyond officially published KONOOM SA fees.

7. Modifications

KONOOM SA reserves the right to modify these general terms and conditions, its pricing conditions, or the sub-distributor manual at any time and unilaterally, without the exercise of this right being considered as causing any prejudice to the other party.

Any modification shall be notified by registered letter with acknowledgment of receipt at least one (1) month before it takes effect.

The Sub-Distributor or Agent shall then have a period of fifteen (15) days from the date of notification of the modification to terminate the contract by registered letter with acknowledgment of receipt. The termination shall then take effect on the date of entry into force of the amendment.

If the Sub-Distributor does not terminate the contract within the specified period, it shall be deemed to have accepted the amendment.

Any amendment to this agreement must be made by means of an addendum signed by both parties.

8. Force Majeure

Neither Party shall be deemed to be in default under this Agreement if the performance of all or part of its obligations has been delayed or prevented as a result of force majeure.

Force majeure is understood to mean any external, unforeseeable, and insurmountable event preventing one of the Parties from performing its obligations, any event (i) beyond the control of the Party invoking it, (ii) that it could not reasonably have foreseen at the time of signing the contract; (iii) whose occurrence it could not reasonably have avoided, (iv) and which has the effect of preventing it from performing all or part of its obligations under the contract.

In the event of force majeure, the obligations of each of the Parties under this contract shall be automatically suspended and their liability waived.

The defaulting Party wishing to invoke force majeure must notify the other Party in writing within forty-eight (48) hours of the occurrence of the force majeure event, unless such notification has itself been rendered impossible by a force majeure event.

If the force majeure event persists for more than one (1) month, this contract shall be terminated automatically, unless the Parties have been able to agree on measures to enable its continued performance.

9. Financial Conditions

The Sub-Distributor shall receive commissions and rebates in return for distributing the payment services that it is authorized to market.

10. Confidentiality and Data Protection

The parties undertake to keep confidential all information exchanged within the framework of this contract.

This confidentiality extends to personal data collected and processed on Customers within the framework of their contractual relations, for the purposes hereof.

Unless prior written authorization has been obtained from the other Party, each Party undertakes not to disclose any such information to any person, and in particular to competitors of the other Party.

Failure to comply will result in automatic termination of the contract.

Similarly, the Parties shall take all necessary measures to process and store personal data transmitted within the framework of this contract, in accordance with the legal provisions relating to the protection of personal data.

This confidentiality obligation shall continue to apply for a period of one year after the end of this contract.

They undertake to take all necessary steps to protect the personal data of all users.

The Parties undertake, with regard to their respective employees, subcontractors, or partners, to take all appropriate measures, by contract and/or in any other way, to comply as far as possible with this confidentiality obligation.

Any breach of the above confidentiality obligation shall result in the contractual liability of the offending Party and the termination of the contract without notice or compensation.

11. Security of the KONOOM Mobile Money Agent Wallet

Account security remains the responsibility of KONOOM SA.

The Konoom Mobile Money Wallet Agent account is secured by a PIN, biometrics, or facial recognition.

The Wallet Agent account is linked to the phone number provided by the agent when opening the account, which is required to authenticate all transactions processed by the agent.

The agent is solely responsible for the safekeeping and proper use of their mobile phone and their KONOOM Mobile Money account PIN. The agent is also solely responsible for all transactions made on their KONOOM Mobile Money account.

The agent must under no circumstances disclose their KONOOM Mobile Money account PIN to anyone, including KONOOM SA staff, distributors, or other KONOOM SA partners.

If the agent forgets their PIN, they can reset it according to the established procedure.

Agent Geolocation

In accordance with security, fraud prevention, and regulatory compliance requirements, KONOOM SA uses agent geolocation.

In the event of inconsistencies in detected geographic coordinates, suspicious use of the KONOOM Mobile Banking application, or suspected fraud, KONOOM SA reserves the right to:

– Temporarily suspend the Wallet account;

– Block the sub-distributor in question;

– Request additional supporting documentation.

These measures are designed to ensure the protection of the Account Holder and the integrity of the payment system.

The sub-distributor is required to:

– Keep their PIN or login credentials strictly confidential;

– Comply with the security procedures defined by KONOOM SA.

12. Liability

In the event that the agent’s mobile phone company changes or reassigns their mobile number for any reason whatsoever, KONOOM SA will only be obligated to hold the KONOOM Mobile Money electronic currency in the KONOOM Mobile Money account and, if applicable, to transfer the KONOOM Mobile Money electronic currency from said KONOOM Mobile Money account to a new KONOOM Mobile Money account for the agent. If such a transfer is impossible, the KONOOM Mobile Money electronic currency in the KONOOM Mobile Money account will be disbursed to the user.

Unless otherwise required by law, KONOOM SA is not liable for the fraudulent actions or omissions of independent participants involved in providing the service, even if they are authorized by KONOOM SA. KONOOM SA shall not be held liable for any dispute arising between a sub-distributor and a customer.

In accordance with the regulations applicable to its activity as a payment institution, KONOOM remains liable to users and third parties for the operations carried out by its distributors and sub-distributors, within the framework of providing the services for which they have been mandated. As such, it is responsible for the integrity, reliability, security, confidentiality and traceability of the transactions carried out by each of the distributors and sub-distributors.

KONOOM SA shall not be held liable for damages resulting from the failure or malfunction of telephone networks, mobile phone equipment, internet or terminal services, or any shared network, due to circumstances beyond KONOOM SA’s control;

KONOOM SA, within the limits set by applicable regulations, shall not be held liable for damages suffered by a user unless such damages were directly caused by the fault of KONOOM SA. Indirect damages are those that do not result exclusively and directly from a failure of KONOOM SA’s services.

The agent is informed that it is their responsibility to verify, with each payment order initiated, that they have not selected the wrong recipient. KONOOM SA cannot be held liable for any error made by the sender of the transaction or transfer, whether or not it results in the failure of the transaction or transfer;

KONOOM SA cannot be held liable to the beneficiary for any error relating to the transaction amount;

In the event of loss or theft of a mobile phone or computer, the Sub-Distributor must inform the Primary Distributor so that the service can be deactivated to prevent fraudulent use.

 

The Sub-Distributor is responsible for any losses or costs incurred due to the loss or theft of their mobile phone or computer until the incident is reported to the Service Provider.

The user is required to comply with the application’s terms of use and security rules (password, etc.).

The Sub-Distributor is liable for any damage caused by its negligence or failure to fulfill its obligations.

13. Use of the KONOOM MONEY Trademark

KONOOM SA grants its distributors and sub-distributors, for the duration of this agreement and under the conditions set forth below, a non-exclusive, non-transferable, and revocable license to use the trademark(s), logos, trade names, and other distinctive signs (hereinafter “the Trademark”) solely for the purposes of promoting, presenting, and marketing the payment services provided by KONOOM SA.

The Sub-Distributor agrees to:

– Use the Trademark only in accordance with the guidelines and instructions provided by KONOOM SA;

– Not alter, modify, or distort the Trademark, nor associate it with third-party products or services;

– Not register, file, or use similar signs that could cause confusion with the Trademark.

The Sub-Distributor acknowledges that the Trademark is the exclusive property of KONOOM SA.

This agreement does not grant the Sub-Distributor any intellectual property rights, except as expressly authorized and limited to the scope of this agreement.

KONOOM SA reserves the right to monitor the Sub-Distributor’s use of its Trademark at any time. In the event of non-compliant use, the Sub-Distributor undertakes to remedy it immediately upon first request.

KONOOM SA may revoke the license to use the Trademark at any time, without prejudice to its other rights.

In the event of termination of this agreement, for any reason whatsoever, the Sub-Distributor shall immediately cease all use of the Trademark, remove all materials bearing it (documents, signage, websites, etc.), and return all materials bearing the Trademark.

14. Termination and Suspension

The contract may be terminated:

– Automatically, in the event of a serious or repeated breach of contractual and regulatory obligations;

– At the initiative of either Party with 30 days’ written notice;

– In the event of the withdrawal or suspension of KONOOM SA’s license.

KONOOM SA reserves the right to temporarily or permanently disable the sub-distributor’s access to the mobile application or disconnect them from the KO-NOOM Mobile Money network at any time if the application is used by the sub-distributor for illegal purposes or purposes other than those intended by the service, or in the event of a breach of the terms of this contract.

In the event of termination, the sub-distributor must return all equipment and other tools provided by KONOOM SA within fourteen (14) days.

The sub-distributor must immediately cease using the application, trademarks and trade names or other intellectual property of KONOOM SA.

15. Governing Law and Dispute Resolution

The validation of this contract and all other questions or disputes relating to its interpretation, performance, or termination shall be governed by the laws in force in Chad.

The Parties shall seek an amicable settlement of any disputes arising from this contract within thirty (30) days of their occurrence.

If the Parties fail to reach an amicable settlement within this period, the disputes shall be submitted to the competent courts of N’Djamena.

16. Acceptance

The undersigned, sub-distributor, declares having specifically read and approved the articles of these Konoom Mobile Money Terms and Conditions of Use and, by signing below, expressly accepts them in their entirety and without reservation.

 

The Distributor:

 

The Agent: