FIRSTMONIE AGENT PLATFORM
TERMS AND CONDITIONS
INTRODUCTION
Please read the following Terms and Conditions carefully.
The following Terms and Conditions below apply to the Onboarding of FirstMonie Agents on the Agent Banking Services through First Bank of Nigeria Limited (“FirstBank” or “Bank”).
By accepting these Terms and Conditions, you agree and confirm that you have read, understood, and agree to be bound by the terms and conditions contained herein, and subsequent amendments thereto as well as all applicable laws and regulations now existing or which may hereafter be enacted, issued, or enforced. You agree to be bound by these terms and conditions (Terms or Agreement). You also agree that the Terms are supplementary to the Firstmonie terms and conditions and other existing terms governing the banking relationship between you and the Bank and subsequent amendments thereto (Other Terms). You further confirm that you have read, understood, and agree to be bound by the Other Terms. You are deemed to have read and understood all applicable terms, conditions, rules, regulations, or agreements referenced herein and will be bound by them (as well as their revisions) accordingly. You further agree to keep abreast of all such terms, conditions, rules, regulations, or agreements, as they are made available by the Bank from time to time.
If you do not agree with the Terms and Conditions contained herein, DO NOT CLICK THE ACCEPT BOTTON ON THE FIRSTMONIE AGENT PLATFORM
In these Terms, “the Bank” “we”, “us” or “our” refers to FirstBank, its successors, agents and assigns, while “Agent”, “you” or “your” refers to you and/or anyone providing Agent Banking Services to the Bank.
(FirstBank and the Agent are hereinafter jointly referred to as “Parties” and each a “Party”)
RECITALS
a) FirstBank is a financial institution licensed by the Central Bank of Nigeria to carry on the business of banking in Nigeria.
b) FirstBank has been authorized by the Central Bank of Nigeria to provide Agent Banking Services in Nigeria.
c) FirstBank is desirous of engaging the services of the Agent to provide Agent Banking Services (as hereinafter defined) to its customers.
d) You have agreed to provide the Agent Banking Services (as hereinafter defined) on behalf of FirstBank and has indicated your capability and willingness to provide the services to FirstBank subject to the terms and conditions contained in this agreement
e) In furtherance of the above, the Parties have agreed to enter into this Agreement, for the purpose of articulating the terms and conditions that will govern the provision of Agent Banking Services.
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the Parties agree as follows:
1. DEFINITIONS AND INTERPRETATIONS
1.1 The under listed words and phrases in this Agreement shall have the following meanings:
1.1.1 “Agent/You” means entity or person(s) whose name(s) appear/s above, engaged by FirstBank to provide Agent Banking Services.
1.1.2 “Agent/Your Account” means the account(s) through which you will conduct all Agent Banking transactions as anticipated under this Agreement.
1.1.3 “Agent Banking Services/Services” means financial services provided to the customers of FirstBank through the Agent in accordance with the terms of this Agreement and more specifically detailed in Appendix I hereto.
1.1.4 Agent Banking Application” means the payment solution provided by FirstBank for the provision of Agent Banking Services
1.1.5 “Terms and Conditions” means this Agreement.
1.1.6 “AML/CFT” means Anti-Money Laundering and Combating Financing of Terrorism laws.
1.1.7 “Business Day” means a day (other than a Saturday, Sunday or public holiday declared by the Federal Government of Nigeria) on which banks in Nigeria are open for business.
1.1.8 “CBN” means Central Bank of Nigeria.
1.1.9 “CBN Regulations” means the guidelines for the regulation of Agent Banking relationships in Nigeria, issued by the CBN, including but not limited to any amendments thereto, as may be published by the CBN from time to time.
1.1.10 “Confidential Information” means:
(a) any information relating to FirstBank, or any of its Customers, received or held by you, any of its employees or any person performing any duty for you (which has been transferred, disclosed or obtained orally, visually, electronically or by any other means) whether or not in connection with the Agent Banking Services and includes, without limitation, personal information concerning Customers’, FirstBank Account, Customers’ transaction information and details including electronic/manual receipts, log books and all other information acquired by you or any of its employers or any person working for the Agent in connection with this Agreement or the performance of the Agent Banking Services; and/or
(b) all information received by you, its employees of any person performing any duty for you in connection with the installation, use, operation and maintenance of any system or materials provided by FirstBank in connection with the Agent Banking Service.
1.1.11 “Customer means persons who you provide the Agent Banking Services to pursuant to this Agreement.
1.1.12 “Customer Account” means an operating account owned by a customer.
1.1.13 “Deposit” means the process through which a customer pays money into a Customer Account.
1.1.14 “Designated Branch” designated FirstBank branch or branches through which you are required to make returns, submit report, provide updates and any other information to FirstBank
1.1.15 “Equipment” means all facilities, information, documentation including hardware, software and other resources provided to you by FirstBank in connection with the installation, use, operation, modification, support and maintenance of any system or materials required for the provision of the Agent Banking Services and including the Agent Banking Application Software.
1.1.16 “KYC” means Know your customer.
1.1.17 “Intellectual Property Rights” means all copyright and rights in the nature of copyright, trademarks (including all goodwill in them) and domain names, registrations and applications for registration of any of the above, moral rights, know-how, confidential information, and any other intellectual or industrial property rights, whether now known or in the future arising belonging to FirstBank.
1.1.18 “Personal Data” means any information relating to any identified or identifiable individual or a natural person (Data Subject) and containing an identifier such as a name, an identification number, location data, photo, email address, bank details, posts on social networking websites, medical information, and other unique identifier such as but not limited to Media Access Control (MAC) address, Internet Protocol (IP) address, International Mobile Equipment Identity (IMEI) number, International Mobile Subscriber Identity (IMSI) number, Tax Identification Number (TIN), Subscriber Identification Module (SIM). Personal Data shall include any online identifier or any one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that Data Subject.
1.1.19 “Initial Cash Deposit” means the minimum sum of which you are required to pay into your Account as a precondition to being authorized to provide the Agent Banking Services as defined in Appendix 3
1.1.20 “Service Point” means your permitted office location for providing Agent Banking Services.
1.1.21 “Sub Agent” means a person or a company, appointed by or acting under your control to perform the services
1.1.22 “Term” means the “Initial Term” and the “Renewal Term” as both defined in Clause 3 hereof.
1.1.23 “Transaction” means any financial activity carried out by a Customer through you which must be within the list of transactions/services which you are permitted to process as defined in Appendix 1.
1.1.24 “Transaction Limit” has the meaning given to it in Appendix 3.
1.1.25 “Transaction Receipt” means the acknowledgement document generated by the terminal (electronic copy) or manual copy, filled by you with details of the transaction, which is signed off by both you and the Customer upon successful completion of the transaction.
1.1.26 “Your Aggregator” means an entity or individual that recruited/selected you that is providing the Agent Banking services stated in this Agreement.
2. APPOINTMENT AS AGENT
2.1 Subject to the terms and conditions of this Agreement, FirstBank hereby appoints you as a nonexclusive independent contractor for the provision of the Agent Banking Services on its behalf and you hereby accept the appointment and agrees to provide the Agent Banking services pursuant to the terms of this agreement and the extant of CBN Guidelines.
2.2 You shall not be released from any risk or obligations imposed on/or undertaken by you on grounds that you could not have foreseen any matter which might affect or have affected your performance in terms of this agreement.
2.3 Parties agree that you shall be registered with a Designated Branch.
3. TERM
3.1 These Terms shall commence from the date you accept the Terms by clicking the “Accept Button” (“Effective Date”) and shall subsist for an initial period of one (1) year (the “Initial Term”) unless terminated in accordance with clause 16 hereof.
At the expiration of the Initial Term and unless otherwise terminated pursuant to Clause 16 hereof, upon satisfactory appraisal of your performance, this Agreement shall be automatically renewed for successive one (1) year periods (“Renewal Terms”) at the discretion of the Bank.
4. YOUR UNDERTAKINGS
You agree and undertake to FirstBank that you shall:
4.1 comply with all applicable legislations and regulations for the duration of this Agreement. If you are engaged in any regulated commercial activity, you further undertake to and shall, ensure that you possess valid business license and/or permit for at least a period of 12 months prior to the date of this Agreement.
4.2 comply with all requests fully and promptly for information received from the CBN and/or FirstBank with respect to the Agent Banking Services activities undertaken by you pursuant to this Agreement.
4.3 undergo any training FirstBank may prescribe to or require you to undergo with respect to provision of the Agent Banking Service and/or such other training as may be prescribed by the CBN or beneficial to your business as in order to deliver the Agent Banking Service. Such training shall be at your sole cost.
4.4 perform the Agent Banking Services with reasonable care, due diligence, and skill and in accordance with FirstBank standards as well as the standards and procedures required of a reasonable and prudent business entity/person. This includes such standards and procedures that may be subsequently provided to the agent periodically via email and through Agent Forums. Any deviation from the standards and procedure shall be rejected by FirstBank and considered as a breach of your obligations under this Agreement.
4.5 not carry out any Agent Banking Services’ transactions outside its approved business location/ outlet.
4.6 not act in any manner that may contravene or compromise the sales and service standards of FirstBank, tarnish or negatively affect the name and/or reputation of FirstBank.
4.7 not at any time carry out transactions that exceeds the Transaction Limit.
4.8 not undertake cheque deposits and encashment of cheques.
4.9 not carry out foreign currency denominated transactions.
4.10 Not carry out offline transactions.
4.11 Not carry out a transaction where a receipt or acknowledgement cannot be generated.
4.12 Not give and/or issue a Guarantee in its name or on behalf of FirstBank.
4.13 comply with AML/CFT laws and the KYC requirements.
4.14 ensure that your credit ratings at the relevant credit rating agency shall remain positive throughout the subsistence of this Agreement.
4.15 not use nor authorize the use of your business premises for any illegal or unlawful activity, business or trade.
4.16 not engage in unauthorized co-branding of marketing collaterals and shall adhere to the branding specifications provided by FirstBank.
4.17 meet all targets set for you by the FirstBank from time to time.
4.18 as a condition for FirstBank providing POS terminals to you free of charge, shall meet such monthly transaction targets and/or other targets specified herein by FirstBank and/or as may be specified by FirstBank from time to time. Where you fail to meet the set transaction targets for three (3) consecutive months and/or any other periods FirstBank may determine, FirstBank reserves the right and shall be entitled to immediately withdraw its POS terminals from you.
4.19 Where you refuse to return the POS device after all necessary measures have been taken, the Bank reserves the right to deduct the cost of the device from your account(s)
4.20 FirstBank reserves the right to take legal action against you if you refuse to return/release the POS device upon recall
4.21 Where willful damage or unauthorized repairs of the POS terminal has been established, the Bank reserves the right to automatically debit the cost of terminal from your account(s)
4.22 not abandon or neglect the provision of the Agent Banking Services under this Agreement. Where the Agent wishes to discontinue providing the Agent Banking Services, you shall terminate this Agreement in accordance with the termination provision herein contained.
4.23 not withhold, under any guise whatsoever, FirstBank’s POS terminals and other items belonging to FirstBank, upon discontinuance of the Agency Banking Services or due to any grievances
4.24 not under any guise whatsoever lease, mortgage, lend, sell or transfer to any other Agent or third party, the FirstBank POS or other items belonging to FirstBank.
4. 25 Understand and agree that POS Terminal is free (unless otherwise communicated through the Bank’s approved official means) and shall not make any payment, deposit, or advance through FirstBank Staff member or any other person in order to obtain or fast-track the process for obtaining a POS Terminal. 4.26 You further agrees that FirstBank shall not be responsible for any claims, damages, losses you may suffer from breach of this clause 4.25 above.
5. YOUR RIGHTS AND DUTIES
5.1 You shall at all times during the subsistence of this Agreement perform the Agent Banking Services more specifically detailed in Appendix I hereto.
5.2 You shall:
5.2.1 not make deposit into your Firstmonie Agent Account or any other accounts through any staff member of the Bank or any relative to a staff member whatsoever.
5.3 You shall, in the performance of the Agent Banking Services:
5.3.1 ensure that the Service Point(s) remain(s) open and available for rendering the Agent Banking Services during your normal operating hours. You shall communicate its operating hours and any change thereto to FirstBank in writing.
5.3.2 maintain adequate, suitable, and sufficiently staffed Service Point as is necessary to ensure the efficient and timely performance of the Agent Banking Services.
5.3.3 at your own cost, cause staff at Service Point to receive training in respect of the operation of the Agent Banking Services and efficient performance of the same;
5.3.4 you acknowledge and agree that the CBN and/or FirstBank may from time to time require or demand free, full, unfettered, and timely access to your internal systems, documents, reports, records, staff and premises in so far as the Agent Banking Services is concerned. Therefore, you agree and undertake to, forthwith upon request, to grant such access to the CBN, authorized representatives of CBN and/or such third-party auditors as the CBN may advised in writing from time to time whether directly to you or through FirstBank or any other CBN nominated third-party.;
5.3.5 pursuant to this Agreement grant free, full, unfettered, and timely access to authorized representatives of FirstBank as may be required or requested by FirstBank from time to time in order to provide Agent Bank Services support services to you or/and to audit or inspect the your internal systems, documents, reports, records, processes, staff and premises of in connection with the Agent Banking Services.
5.3.6 at your own cost and expense to prepare, maintain and retain in electronic or physical format, or other format acceptable to FirstBank and for a period of seven (7) years after expiration or termination of this Agreement, accurate and current books and records applicable to the Agent Banking Services including, without limitation, transaction receipts, log books, service and repair records, quality documentation, the date, names and contact information of Customers and daily transactional records (individually and collectively called “Records”). You acknowledge that all Records are held for the benefit of FirstBank and shall ensure that all Records are transmitted to the Designated Branch on a weekly basis, or any other periodic intervals as may be requested by FirstBank from time to time.
5.3.7 promptly provide, upon FirstBank’s written request, any Record or information in connection with the Agent Banking Services, in such format as may be requested by FirstBank. you shall serve as FirstBank’s liaison and promptly (not more than 24 hours of receiving any complaint or inquiry from a Customer), bring such complaint or inquiry to FirstBank’s notice through the Designated Branch.
5.3.8 cooperate and assist FirstBank in the dissemination of any Agent Banking Services’ safety alerts, technical service bulletins, etc. to Customers, or any other information as may be requested by FirstBank;
5.3.9 procure and at all times maintain at your own cost and expense, without limitation, all current and future required licenses, permits and governmental approvals as applicable to enable you, your Service Points and your employees to lawfully comply with its obligations under this Agreement. Notwithstanding the provision of this clause 5.2.9, the Agent hereby consent that failure to procure any required Personal Data to effectively carry out its obligations under this Agreement, FirstBank is hereby authorized to forward your details to any regulatory authorities including the Joint Tax Board for the procurement of such Personal Data on your behalf. You hereby irrevocably indemnify and hold FirstBank free and harmless from and against all claim, losses, damages, costs, liabilities, and expenses including legal fees arising from, suffered, or incurred by FirstBank in relation to this Agreement arising from or in connection with the procurement of such Personal Data.
5.3.10 comply with all CBN regulations/guidelines, anti-corruption, anti-money laundering and anti-terrorism Laws and best practices;
5.3.11 not engage or assist and/or facilitate any terrorist activity, including terrorism financing or give any aid to any terrorist group or person;
5.3.12 not engage in any criminal or unlawful activity or assist, aid, hide, divert, handle or process funds from any criminal activity or linked thereto, in any manner whatsoever;
5.3.13 use the Equipment solely in connection with operating and offering of the Agent Banking Services on behalf of FirstBank pursuant to the terms of this Agreement;
5.3.14 not use any other equipment other than the Equipment to provide the Agent Banking Services to any Customer.
5.3.15 implement procedures for data backups and archival management;
5.3.16 not bind, obligate or commit FirstBank by any promise or representation unless specifically authorized by FirstBank in writing;
5.3.17 not use FirstBank’s name or privileges to do or solicit from any person, for any other purpose and in any manner other than as may be permitted in this Agreement;
5.3.18 not accept cheque deposits and encashment of cheque nor any other transaction requiring the use of cheque;
5.3.19 not carry out any foreign currency denominated transactions for and on behalf of any Customer.
5.3.20 not carry out Agent Banking Services transactions outside your approved business location/ outlet.
5.3.21 install such measures as may be necessary to protect the security and integrity of related hardware or software, whether owned by FirstBank or you, and comply with all security or encryption standards, rules and procedures as stipulated or may be stipulated by FirstBank from time to time and/ any standards or rules that the CBN may stipulate from time to time;
5.3.22 not utilize or allow unauthorized personnel to offer the Agent Banking Services or otherwise assist in the performance of your obligations under this Agreement (whether directly or otherwise);
5.3.23 not discriminate against any Customer and must honour all valid Transactions, provided that such transaction is not illegal or appear suspicious;
5.3.24 issue Transaction receipts for all Transactions carried out at the Service Point;
5.3.25 under no circumstances request details of a Customer’s Personal Identification Number (PIN), balances or any confidential information of the Customer.
5.3.26 not give any guarantee for loans and/or any other obligations to a Customer or any third party in connection with the Agent Banking Services.
5.3.27 ensure that all Equipment provided by FirstBank for delivery of the Agent Banking Services are kept secure and used only for the delivery of the Agent Banking Services on behalf of FirstBank pursuant to the terms of this Agreement;
5.3.28 not charge customers any fees/commission save for FirstBank’s approved standard fees for carrying out permitted transactions which such fees/commission chargeable shall be conspicuously displayed at the Service Point at all times;
5.3.29 prominently and clearly display at all times, all branding and advertising materials as well as Customer Complaints helpline numbers and email addresses at its Service Points and ensure same is visible to the general public.
5.3.30 not generate or develop FirstBank branding and advertising materials on its own or use FirstBank provided branding and advertising materials for any purpose save otherwise permitted under this Agreement;
5.3.31 ensure that all mutilated FirstBank’s branding, and advertising materials are promptly removed and reported to the FirstBank’s representative for replacement. Such removed branding and advertising materials shall be returned to FirstBank for destruction or may be destroyed by Agent if requested by FirstBank in writing.
5.3.32 display in a conspicuous places at your business premises and/the Service Points the following information: (a) the name and logo of FirstBank’s Agent Banking Services brand as advised provided to you by FirstBank; (b) the list of banking services offered vide the Agent Banking Services as approved by FirstBank; (c) a notice, in a manner approved by FirstBank, stating that the Agent Banking Services are provided subject to availability of funds; (d) a notice, in a manner approved by FirstBank, stating your FirstBank’s approved Transaction Limit; (e) list of FirstBank approved transactions charges applicable to the Agent Banking Services which are chargeable to Customers.
5.3.33 ensure that all required documents such as Account Opening Forms or KYC documentation are obtained from each Customer and authenticated with such Customer’s signature;
5.3.34 use account opening documents/package obtained from FirstBank strictly for completion by prospective customers. You shall subsequently forward the duly completed forms and KYC documentation to the Designated Branch of FirstBank for completion of the account opening process;
5.3.35 ensure that the manually generated Transaction Receipts are completed correctly, while reviewing electronically generated transaction Receipt to ensure that the information stated matches the transaction consummated.
5.3.36 effect all valid request by Customers desiring to effect deposit or withdrawal of cash from such Customer’s Accounts, in line with FirstBank approved transaction limits as such limits may be revised by FirstBank from time to time.
5.3.38 not engage in or process any transaction request or complete any transaction where: (i) such transaction has not been incorporated into the product offerings on the transaction channels as approved by FirstBank; and/or (ii) there is or subsist any network downtime or failure at the transaction time. You shall promptly report all suspicious transactions to FirstBank.
5.3.39 provide adequate security at the Service Point;
5.3.40 ensure that FirstBank is promptly notified of any security breach, misuse, irregularity, suspected fraudulent transaction or any suspicious activities that may be connected with attempts to commit fraud or other illegal activity through the use of the Agent Banking Service immediately and in no event later than 24 hours of the occurrence of any of such events;
5.3.41 not use the Agent Banking Services for money laundering, fraudulent purposes or for any illegality or in connection with any illegal activity, whatsoever.
5.3.42 unless otherwise advised in writing by FirstBank and enabled in the Equipment, not use the Agent Banking Services for any gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings;
5.3.47 if requested by Firstbank, to attend and participate in any trade shows, trainings and/or conventions organized by FirstBank from time to time in connection with the Agent Banking Services and this Agreement;
5.3.48 where authorized by FirstBank in writing, promptly respond to communications from Customers.
5.3.49 assist FirstBank with regard to any and all collection matters as requested by FirstBank in writing;
5.3.50 prepare and maintain all reports and documentation as may be requested by FirstBank from time to time.
5.3.51 where Agent is a registered business, you shall ensure that it provides FirstBank with at least 30 (thirty) days’ prior written notice of any proposed change of its ownership or management structure before such change is effected.
5.3.52 provide the following details to FirstBank and re-submit and re-validate the details annually; (a) the name of the Agent; (b) your location of activities or Service Points; (c) terms of engagement, itemizing all commercial activities you are currently engage in and proposed responsibilities; and (d) a signed declaration by the Agent.
6. OBLIGATIONS OF FIRSTBANK
6.1 FirstBank shall at all times during the subsistence of this Agreement:
6.1.1 provide the requisite training to you to enable you to provide the Agent Banking Services;
6.1.2 provide you with forms, operational guidelines/manuals and other documents required to effectively perform the Agent Banking Services;
6.1.3 notify you of any communication between it and CBN relating to the Agent Banking Services (where necessary) or of any CBN regulations or directives relating thereto.
6.1.4 shall set business and performance targets periodically to be met by you and communicate same to you.
6.1.5 through the Designated Branch, offer liaison services to you on the Agent Banking Services operations.
7. AGENT BANKING SERVICES FEES/COMMISSION
7.1 In consideration of you providing the Agent Banking Services in line with the terms of this Agreement, FirstBank shall pay commission and/or fees for every successful Agent Banking Services rendered or consummated per month by you as specified in the attached Appendix 2.
7.2 The Commission or fees due to you will be paid on or before the 5th day of the next month to your Account subject to the deduction of the agreed percentage payable to the Agent Aggregator where applicable. You acknowledge and agree that FirstBank shall be entitled to withhold or reverse any commission or fees due to or paid to you (as applicable) on the account of any request for chargeback by a Customer, any issuing or acquiring bank or a switching company or where reversal requested by any card scheme or necessitated by any applicable law, regulation, or card scheme rules. In furtherance of the foregoing, you hereby authorize FirstBank to without recourse to you, debit your account and reverse such payments as may be required by under this clause.
7.3 Save as specified in this Clause 7, it is hereby agreed that you (and the Agent’s personnel and/or any other party engaged by you) shall have no other claims against FirstBank for commissions, salaries or other items of expense in relation to the Agent Banking Services or anything done pursuant to this Agreement and you shall not charge or attempt to charge the customer fees of any kind in respect of the services except as agreed in the Fee Schedule specified in Appendix 2.
7.4 This Agreement establishes your and FirstBank’s obligations under a commission structure and does not create an employer-employee relationship between FirstBank and you.
7.5 You understand and acknowledge that neither you nor any of its personnel, employees or any other third party engaged by you shall receive or be entitled to claim from FirstBank any form of salary, allowances, emolument or any other fringe benefits such as medical, life insurance, disability protection, workman’s compensation insurance, etc., from FirstBank. You further acknowledge that it is your sole responsibility to pay your personnel and employees their wages and all applicable taxes, including without limitation to the Pay As You Earn (PAYE) taxes.
8. INSURANCE
8.1 You shall from the date of this Agreement and throughout the duration of this Agreement, take up and maintain comprehensive, money insurance to secure operational funds, equipment insurance to secure the Bank’s POS deployed at your location and Group Personal Accident Insurance to cover you and your employee at all times at its sole cost and responsibility, valid insurance policies as are statutorily and customarily applicable to its operations and the Agent Banking Services and/or such other insurances as FirstBank may require you to procure from time to time in connection with the Agent Banking Services and this Agreement.
8.2 It is further agreed that you shall maintain further insurance policies to cover risks involving fraud, safety of the personnel (which may directly, indirectly or vicariously result in adverse consequence or liability to FirstBank), equipment in its possession, cash in possession and cash in transit against theft, fire, loss, injuries to persons, .
8.4 You shall maintain all the insurance policies required under this Agreement with reputable insurance companies acceptable to FirstBank and at insured amounts that satisfactory to FirstBank or as may be prescribed by FirstBank from time to time, with Firstbank noted as first loss payee.
8.5 You shall, upon FirstBank’s request in writing, provide copies of any insurance policies and evidence of premiums paid to FirstBank.
9. REPRESENTATIONS AND WARRANTIES
9.1 You represent and warrant, as of the Effective Date that:
a. You have full power and authority to enter into, and perform your obligations stated under this Agreement;
b. there are no conditions, events, occurrences, or other circumstances that might materially adversely affect your ability to carry out all or any of your obligations under this Agreement;
c. You have full knowledge of the relevant legislations and regulations governing the Agent Banking business in Nigeria and has the capacity to carry out the Agent Banking Services as contemplated in this Agreement and/or by the relevant laws or regulations.
d. You are well established and has been carrying out commercial activities, for at least twelve (12) months immediately preceding the date of your completion of the Agent Registration/Enrolment Form and all documents provided as evidence in connection therewith are true and accurate;
e. Your credit ratings at a CBN licensed credit bureau or such other relevant credit rating agency for at least 12 months prior to this Agreement has been positive and has not been classified as non-performing borrower. You shall ensure that this position remains unchanged throughout the duration of the Agreement;
f. The execution and performance of your obligations under this Agreement will not contravene any provision of, or constitute a default under, any applicable law (including any Anti-Money Laundering Laws) , administrative regulation or court order or judgment applicable to you or any constitutional documents (where applicable) or other agreement(s) to which you are a party; and
g. you understand that all data and information collected from Customers, FirstBank or such other applicable sources while performing its obligations under this Agreement shall remain the property of FirstBank, and it hereby waives all rights to claim on such data or information.
h. You have the financial capability, technical competence, and good standing to perform each and all of your obligations under this Agreement.
i. You understand that for the purposes of account reconciliation, limited to view only access, the Agent shall be profiled on the online banking platform/tool. You also understand that there are terms and conditions governing the use of online Banking, the full version of which can be accessed on www.firstbanknigeria.com as updated from time to time by Firstbank.
j. You confirm that by signing this Agreement, you have read the full version of the terms and conditions governing the use of online banking and voluntarily accepts same, flowing from your understanding of the nature of your obligations.
9.2 FirstBank represents and warrants, as of the Effective Date that:
a. it has full power and authority to enter into, and perform its obligations under, this Agreement.
b. there are no conditions, events, occurrences or other circumstances that might materially adversely affect its ability to carry out its obligations under this Agreement.
c. its execution and performance of this Agreement will not contravene any provision of, or constitute a default under, any law, its constitutional documents or other agreement to which it is a party; and
d. it has the financial capability, technical competence and good standing to perform its obligations under this Agreement.
10. INDEMNIFICATION
10.1 You hereby indemnifies and agree to hold FirstBank free and harmless from and against all claim, losses, damages, costs, liabilities, and expenses including legal fees arising from, suffered or incurred by FirstBank in relation to this Agreement arising from or in connection with:
a. any breach of this Agreement by you, any sub-agent appointed by the Agent (where the appointment of such sub-agent is approved by the Bank) and your employees and/or personnel.
b. any fraudulent or negligent acts or omissions on your part or your employees in performing or carrying out the Agent Banking Services.
c. Any loss arising from any breach of security and/or theft which occurs at your location or Service Point.
10.2 The foregoing indemnity obligations shall survive expiration or termination of this Agreement and shall remain binding on the Agent and its affiliates, successors and assign in perpetuity.
11. CONFIDENTIALITY
11.1 You shall, during the term of this agreement and thereafter, keep confidential all, and shall not use for its own purposes (other than implementation of this agreement) nor without the prior written consent of FirstBank disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any, information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party or any of its Affiliates (Confidential Information), unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this agreement, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavors to prevent the unauthorized disclosure of any such Confidential Information.
11.2 You undertake that in executing this Agreement and in connection with the processing of personal data obtained in the course of your performance of the Agency Banking services, it shall comply with the provisions of the data protection laws and regulations in force within the Federal Republic of Nigeria. You agree that it shall not use any third-party to process personal data of any data subject or customer without FirstBank prior written consent
11.2 Immediately upon termination of the relationship between FirstBank and you, you shall return to FirstBank any documents pertaining to the FirstBank’s business or any of its trade secrets or containing any Confidential Information which are in your possession.
11.3 You shall not at any time during the term of this Agreement, release any statement to the press, or make any other public statement of any nature which could reasonably be expected to be published in any media regarding the relationship or the subject matter of this Agreement, without the prior written consent of FirstBank.
12. RELOCATION, TRANSFER AND CLOSURE OF AGENT PREMISES
12.1 You shall not relocate, transfer, or close the Agent Service Point without prior written notice to FirstBank.
12.2 Notice of intention to relocate, transfer or close your Service Point shall be served on FirstBank not less than 60 (sixty) days before such relocation, transfer, or closure of the Service Point.
12.3 Where you open a new outlet in a different location, you shall apply to FirstBank, where you desire to use such location as an additional Service Point, to be registered as an Agent in that location.
12.4 Where you use a different location as a Service Point, without first obtaining the relevant authorization from FirstBank, you shall be suspended from processing further transactions until compliance is established.
13. LIABILITIES
13.1 FirstBank shall not be liable for any damage, loss, liability or expense suffered or incurred by you, sub- agent or any third party as a result of or in connection with the provision of Agent Banking Services, unless the relevant damage, loss, liability or expense was caused by breach of contract, willful misconduct or gross negligence by FirstBank, or its employees or authorized personnel as finally determined by a court of competent jurisdiction in Nigeria.
13.2 Notwithstanding the provisions of clause 13.1, FirstBank shall not be liable to you for any indirect or consequential loss or damage, including without limitation, loss of profit, revenue, anticipated savings, business transactions or goodwill or other contracts whether arising from negligence, breach of contract or howsoever arising.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 The ownership of all Intellectual Property Rights in the Equipment shall, at all times, be and remain vested in FirstBank. The Agent shall not, directly or indirectly, or through or in connection with any parent, subsidiary, affiliate, Agent or other third party or person copy, modify, revise, create, decompile, disassemble, re-program, reverse, engineer or otherwise deal with the Equipment or, in whole or in part, write or develop any derivative software or any other software program based upon the Equipment, or related information or permit use of the Equipment by any third party or entity without FirstBank’s prior written consent.
14.2 The ownership of all data, information or documents obtained by you from Customers, FirstBank or any other party as a result of its carrying out the Agent Banking Services shall remain vested in FirstBank. You hereby acknowledge FirstBank’s ownership and waives all claims to such data, information or documents.
14.3 During the Term of this Agreement, FirstBank grants you a non-exclusive, limited, non- transferable, non-assignable, revocable right to identify or represent as a “Firstmonie Agent” (hereinafter called the “Authorized Mark”); provided that you shall not represent yourself as a financial institution or a bank or use words capable of being interpreted to mean or suggest that you are a financial institution or a Bank.
14.4 No other right or license is granted to you for the use of any other FirstBank trademarks or trade names or any variant thereof or any other variant of the Authorized Marks, other trade name or trademark used or owned by FirstBank or its parent or associated companies (“FirstBank Marks”) without the express written permission of FirstBank.
14.5 You acknowledge and agree that, except as expressly provided in this Agreement or otherwise expressly provided by FirstBank in writing, (i) it has no rights or interest of any kind in or to any FirstBank’s Marks, and (ii) it will not assert any rights or interest in any of the FirstBank’s Marks or other proprietary data of FirstBank by virtue of the rights granted to the Agent under this Agreement.
14.6 All rights arising from your use of the Authorized Mark (as part of its Agent Banking Services) shall inure to the sole benefit of FirstBank.
14.7 You shall not register the FirstBank Marks or the Authorized Mark, any logo, brand name, trade name, domain name and/or slogan or other similar designations with any person, any governmental body or register any variant thereof as a domain name, or as part of your business name, or as user or seller name on Twitter, Ebay, Facebook, Instagram or any other current or future media or format available on the Internet.
14.8 To the extent required to preserve FirstBank’s rights, and at FirstBank’s request, you shall execute such registered User Agreements or other documents that may be necessary or desirable by FirstBank to protect the Authorized Mark and other FirstBank Marks (where applicable).
14.9 You shall use only FirstBank provided artwork of the Authorized Mark and the FirstBank Marks (hereinafter individually and collectively “Artwork”) only in the manner permitted or authorized by FirstBank in writing. Additionally, FirstBank may provide access to such Artwork electronically (including its website) or otherwise; provided, however, that you agree in advance with the terms and conditions of usage of the FirstBank Marks or Authorized Mark, which may change from time to time without prior notice from FirstBank. You shall not provide Artwork obtained or accessed from FirstBank to any third party
14.10 The Provisions of this Clause 14 shall survive the termination or expiration of this Agreement.
15. SUSPENSION
15.1 FirstBank shall have the right, at its sole discretion, to suspend you for infractions including but not limited to:
a. opening of a new/additional service point(s) in different location(s) without obtaining prior approval from FirstBank
b. receiving and cashing cheques on behalf of FirstBank
c. carrying out foreign currency denominated transactions
d. splitting transactions that could have been affected within a single transaction limit, in order to generate more commissions.
e. using Transaction Channels not approved for Agent Banking Services to perform transactions on behalf of customers
15.2 If so desired by FirstBank, FirstBank may give written warning notice of an infraction to you requesting you to remedy the infraction within such time as may be prescribed by FirstBank. If the infraction persists after such warning notice or if FirstBank does not consider it appropriate to give notice, FirstBank shall suspend you forthwith in writing.
15.3 Upon your suspension, you shall refrain from carrying out Agent Banking Services on behalf of FirstBank, until such time as the suspension is lifted and you will be advised accordingly in writing by FirstBank.
15.4 FirstBank shall not be liable to you for any loss; including loss of profits, special, incidental, consequential, exemplary damages or any other loss or cost incurred by you as a result of the suspension
15.5 FirstBank reserves the right to advise the public of the suspension of the Agent’s appointment pending when such suspension is lifted.
15.6 The duration of the suspension shall be at the discretion of FirstBank and subject to the outcome of any investigation exercise FirstBank may determine to carry out with respect to the identified infraction(s) or in connection therewith.
16. TERMINATION
16.1 FirstBank shall have the right to terminate this Agreement immediately by giving written notice to you if, at any time:
a. You becomes insolvent, is adjudged bankrupt , files or has filed against you a petition under any of the provisions of bankruptcy, insolvency or other laws relating to insolvency or bankruptcy, or if a receiver or administrative receiver is appointed over your business or property, or you make an assignment for the benefit of creditors, attempts to assign this Agreement without written consent of FirstBank, ceases or threatens to cease to carry on its business, or in case of limited liability company passes a resolution for winding up or, in the sole judgment of FirstBank, you have suffered a material impairment to your credit;
b. there shall have occurred a change of control in the ownership of the Agent (where applicable) and such change is capable of adversely affecting performance of your obligations under this Agreement;
c. You use your business premises for any illegal or unlawful activity such as money laundering, fraudulent purposes or any other form of illegal business/ trade.
d. You fraudulently extract and uses Customer information (personal details, personal identification number (PIN), or any other financial or non- financial information of the customer).
e. You breach any of the terms of this Agreement, fails to carry out any of your obligations or abandons the Agent Banking Services, or is in default under any other agreement between you and FirstBank.
16.2 Except as provided otherwise above, FirstBank may terminate this Agreement by providing you with thirty (30) days prior written notice of its intention to terminate this Agreement, if you fail to cure any default as described in (i) and (ii) of this Clause 16.2 within ten (10) days of your receipt of written notice of such default; specifically, if you:
i. fails for any reason to carry on its or his/her business; or
ii. without prior notification to FirstBank fails to keep its Service Points open for normal Business hours for two (2) consecutive Business Days.
16.3 FirstBank may terminate this Agreement immediately where
i) you breach any one or more of the obligations in this Agreement; or
ii) any other bank terminates its Agent Banking relationship with you
iii) you have become dormant and/or has otherwise abandoned or fails to provide the Agent Banking Services for at least a period of 6 months at any time during the term of this Agreement.
16.4 without prejudice the provisions of this Agreement, FirstBank may terminate this Agreement without cause by providing you with thirty (30) days prior written notice terminating the Agreement.
16.5 Immediately upon the expiration or termination of this Agreement for any reason, and notwithstanding any claim by you, you shall:
a. cease to use the “Authorized Mark” including, without limitation, removing all signage from the exterior and interior of its building or premises that include the Authorized Mark;
b. take all necessary steps to change its listing in telephone directories, on its website(s) as FirstBank’s Agent, and do all other acts necessary to remove any other identification of the Agent as a provider of the Agent Banking Services for FirstBank;
c. remove and deliver to First Bank at your sole costs all banners, signs, samples, price lists, sales promotion materials, transaction receipts, logbook and all other Firstbank branded materials for the Agent Banking Services in your possession or at your location/Service Points that were furnished by FirstBank to you. You shall desist from continued use of FirstBank’s brand, promotional and other materials after the termination or expiration of this Agreement; and
d. Supply FirstBank with such information regarding Customers as is reasonably necessary for FirstBank to assume or transfer, following expiration or termination of this Agreement, service and support responsibilities with respect to the Agent Banking Services performed by you under this Agreement.
f. Deliver to FirstBank all Confidential Information and/or personal data belonging to any Customer or other individual in connection with the Agent Banking Services, which are in your possession prior to the termination of this Agreement or which subsequent comes under your possession after the termination.
16.6 Further, upon expiration or termination, you shall refrain from taking any action that could indicate you are still acting as a “FirstBank Authorized Agent”.
16.8 Nevertheless, your obligations under clauses 10 (INDEMNIFICATION) 11 (CONFIDENTIALITY), 13 and 15 (LIABILITY and its effected) of this Agreement shall survive the expiration or termination of this Agreement.
16.9 FirstBank shall not be liable to you or any third party for damages of any kind or nature whatsoever, including lost profits, special, incidental, consequential or exemplary damages, because of the termination of this agreement.
16.10 You hereby expressly waives any special, additional, or statutory compensation or claim for damages, indemnities, or penalties to which it may be entitled due of the expiration or termination of this Agreement, with or without cause.
16.11 You further acknowledge and agree that you have no expectation and have received no assurances, representations or warranties that your business relationship with FirstBank will continue beyond the stated terms of this Agreement or its earlier termination, or that any investment by you to become and have the right to perform the Agent Banking Services will be recovered or recouped, or that you shall obtain any anticipated amount of profits or have any business success by virtue of this Agreement or your sale and performance of the Agent Banking Services.
16.12 FirstBank reserves the right to advise the public of the termination of the Agent’s appointment and disconnect the Agent from its network.
16.13 Upon termination each party shall reconcile the accounts and pay monies owed to the other party. Notwithstanding anything else to the contrary in this Agreement, upon the expiration or termination of this Agreement, you shall promptly on written request from FirstBank return all FirstBank’s Confidential Information and Records in its possession or under its control to FirstBank in such formats as may be requested in writing by FirstBank. If requested in writing by FirstBank, you shall delete, destroy and permanently erase the Confidential Information and Records from its systems and/or locations and shall not keep any Confidential Information or Records in its possession thereafter.
17. FORCE MAJEURE
17.1 Neither Party shall be liable for failure to perform any obligation under this Agreement if the failure is caused by war, terrorist actions directly affecting a Party, insurrection, riot, fire, explosion, flood, strike, lock-out, Court injunction, acts or regulations of national or local governments, or act of God, or any other cause not attributable to and beyond the reasonable control of the Party and which such Party could not have reasonably foreseen, avoided or overcome.
17.2 The Party claiming relief pursuant to this Clause shall promptly notify the other Party in writing of the facts indicating the existence of force majeure conditions and the relief claimed. The Parties agree to use their best efforts to overcome such conditions. Such conditions shall not relieve any Party of its obligation to perform any part of this Agreement at such time and to such extent as may be possible subsequent to the occurrence thereof and within reasonable time thereafter. Should such conditions continue unabated, despite a Party’s best efforts to overcome them for three (3) weeks from the date of notice given pursuant hereto, then the Party receiving such notice shall have the option to terminate this Agreement without liability to the other Party for the consequences of such termination.
17.3 Upon termination on account of a force majeure event, the provisions of clause 17 in relation to the consequences of termination shall apply to the parties.
18. ASSIGNMENT
18.1 FirstBank reserves the right to assign, delegate, sub-contract or otherwise transfer any or all of its rights and obligations under this Agreement, upon written notice to you.
18.2 You shall not assign, delegate, sub-contract or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written consent of FirstBank.
19. RIGHT OF SET OFF
FirstBank shall have the right at all times to offset any sums owed to it by the Agent under this Agreement against any amount standing to your accounts.
20. DATA PROTECTION:
20.1 You undertake to comply with the data protection laws, regulations and implementation framework (including but not limited to the Nigeria Data Protection Regulation 2019 and the Central Bank of Nigeria Data Protection Regulation) in force in the Federal Republic of Nigeria in the processing of Personal Data and other relevant data obtained in the course of the performance of the Agent Banking Services on behalf of FirstBank and/or performance of the Agent’s obligations under this Agreement. You shall not use any third-party processors to process any Personal Data or perform its obligations under this Agreement with FirstBank’s prior written consent. If approved by FirstBank, you shall ensure that the processor is under a similar confidentiality and data protection obligation as those contained in this Agreement. You shall be liable for its unlawful processing of such data and that of its third-party processors. In order to comply with the foregoing, you shall ensure that it put in place, adopts, and implements adequate physical and technical measures to guarantee the confidentiality, secure processing and storage of Personal Data obtained and processed by you in providing the Agent Banking Services pursuant to this Agreement.
20.2 You shall ensure that FirstBank data/information or any Personal Data of any individual and/or any data of an entity under your responsibility or disclosed to, received by or made accessible to you whether by FirstBank or a Customer is not use for any purpose other for providing the Agent Banking Services nor transmitted or stored in any geographical location outside Nigeria.
20.3 The medium/encryption tool for transmitting electronic information to protect private clients will be implemented according to FirstBank Information & Cyber Security Policy and expectations in other to protect FirstBank and Customers’ information from access to unauthorized users or persons.
21. DATA PROCESSING CONSENT
FirstBank is committed to respecting your privacy and being transparent about the processing of your personal and financial information. In order to provide you with our products and services including FirstMonie, we require your consent to collect, record, use, share and store your personal and financial information. Our use of your information is governed by applicable laws and regulations including the Nigerian Data Protection Regulation (NDPR) (as may be amended, replaced or re-enacted from time to time), and we, FIRST BANK OF NIGERIA LIMITED are the Data Controller in respect of such information.
FirstBank will process your information including personal data and sensitive personal data on the terms detailed below:
A. We will use your information to provide our products and services, for assessment and analysis purposes (including credit and behavioral scoring and market/product analysis), to comply with AML/CFT regulations and any other relevant regulatory authority.
B. By providing personal and financial information relating to others (e.g. dependents, employees, third parties or joint account holders) for the purpose of using our products and services, you confirm that you have their consent for us to use in accordance with the terms set out herein.
C. We may share your information with other companies in the FBN Holdings Plc Group, service providers, debt collection agencies and our approved third-party partners to provide our products and services to you or as required by law and/or regulation. We will only share the minimum amount of information necessary to achieve such purposes.
D. We may also collect information about you from 3rd parties as required to provide you with our products and services.
E. If we transfer your information to a person, branch or organization located in another country, we will take steps to obtain their agreement to apply the same levels of protection as we are required to apply to your information.
F. We will retain information about you after the closure of your account, if the banking business relationship has terminated, if you withdraw your consent, or if your application is declined for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.
G. You may request for access and/or update to your personal information, withdraw your consent to data processing or execute any of your privacy rights as found in our privacy policy. You can find our detailed Privacy Policy at https://www.firstbanknigeria.com/home/legal/privacy-policy/
H. If you have concerns relating to the processing of your personal information, you may do so at any time by contacting the Data Protection Officer on:
Telephone: 0700FIRSTCONTACT, 07080625000
Email: firstcontact@firstbanknigeria.com
We will respond to your concerns within 30 days of receiving your notice
I. You will be considered to have given your consent to us for the processing of your Personal and Sensitive Personal Data when you agree to the stated terms on this Firstmonie Agent Platform Terms and Conditions
NOTICE
21.1 Any notice in connection with this Agreement shall be in writing in English and delivered by hand, registered post, email or by courier using an internationally recognized courier company. A notice shall be effective upon receipt and shall be
deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or by courier or (ii) at the time of transmission if delivered by email provided that in either case, where delivery occurs outside working hours, notice shall be deemed to have been received at the start of working hours on the next following Business Day. For the purposes of this Clause “business hours” means between the hours of 8 a.m. and 5 p.m. Inclusive, Lagos time.
21.2 The addresses of the parties are: If to FirstBank:
FIRSTBANK OF NIGERIA LIMITED
35 Marina Lagos
Email address: FirstmonieAgent@firstbanknigeria.com
Telephone number: 01-9054557 or 019054558
21. WAIVER & AMENDMENTS
Waiver by a Party of a breach of a term of this Agreement, or of a default under it, does not constitute a waiver of another breach or default nor affect the other terms of this Agreement. This Agreement may be amended from time to time at FirstBank’s request and/or as may be required to comply any applicable law, including any CBN regulation. Requests for amendment shall be served on you by FirstBank and the parties shall thereafter promptly meet to consider the proposed changes. In the event you do not agree to any proposed amendment within 30 days of FirstBank’s request, FirstBank may terminate this Agreement forthwith upon writing notice to the Agent.
22. INVALIDITY
22.1 If a provision of this Agreement is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
22.2 This Agreement adequately captures the intentions, rights and obligations of the Parties relating to the Services and hereby replaces and invalidates any previous Agreement entered into by the Parties.
23 DISPUTE RESOLUTION
23.1 The Parties agree that their first course of action in the event of a dispute should be to attempt to resolve the dispute amicably without the intervention of outside parties. Should they be unable to do so within ten (10) days after notice of such dispute, any dispute, controversy, or claim arising out of or in relation to or in connection with this Agreement, including without limitation any dispute as to the construction, validity, interpretation, enforceability, or breach of this Agreement, shall be exclusively and finally settled by arbitration under the Rules of the Arbitration and Conciliation Act, Cap A18 Laws of the Federation of Nigeria 2004 which Rules are deemed to be incorporated by reference into this clause. Any Party may submit such a dispute, controversy or claim to arbitration by notice to the other Parties.
23.2 Each Party to a dispute will appoint one arbitrator within 15 (fifteen) days of the submission of a notice of arbitration or, if the Parties so agree, the arbitration proceedings will be heard by one (1) arbitrator who shall be jointly appointed by both parties and the venue for the proceedings shall be Lagos, Nigeria. Where there is a disagreement on the appointment of the Arbitrator, then the Arbitrator shall be appointed by chairman of the Chartered Institute of Arbitrators (UK) Nigeria Branch.
23.3 Unless otherwise expressly agreed in writing by the Parties to the arbitration proceeding:
a. The arbitration proceedings will be held in Lagos, Nigeria and the arbitral award shall be final and binding.
b. The arbitration proceedings will be conducted in the English language and the arbitrator(s) must be fluent in the English language.
c Each Party shall bear its own cost of arbitration.
24. GOVERNING LAW
The provisions of this Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.
25. COUNTERPARTS.
This Agreement may be executed by you electronically by clicking the ACCEPT AND/OR SUBMIT button and same shall constitute a valid agreement between Parties.
26 . OBLIGATIONS OF POS COLLECTION AND USAGE
26.1. The bank reserves the right to set a minimum target after which the POS device will be called back if target remains unattained.
26.2. Where you refuse to return the POS device after all necessary measures have been taken, the sum of N100,000 (One hundred thousand Naira) will be automatically deducted from your account pending return of device.
26.3. FirstBank also reserves the right to take legal action against any agent who refuses to return/release the device to FirstBank after being ascertained inactive.
26.4. Upon receipt of POS terminals in good condition from FirstBank, willful damage of the POS terminal will automatically attract a debit of N100,000 (One hundred thousand Naira) from your Account.
26.5. Your account will automatically be deducted with N100,000 (One Hundred Thousand Naira) if unauthorized repairs of the POS terminal are carried out upon POS damage.
26.6. This agreement will come to an end if either Party gives written notice to the other to that effect, or you have returned all POS devices in its custody and made all payments due under this agreement.
APPENDIX I
AGENT BANKING SERVICES
The Agent Banking Services to be rendered by you shall include the following:
1. Collection of documents for Opening of Accounts by FirstBank
a. obtaining duly completed account opening forms containing Customer’s personal information such as name, address, email, telephone number, date of birth, mother’s maiden name, gender
b. obtaining KYC documentation from each Customer as may be required by FirstBank and the CBN, from time to time.
c. collection of documentation sufficient to prove such customer’s identity including utility bills, international passport, driving licence etc. and such other information as may be required by FirstBank, from time to time.
d. Sending all documents and information collected under 1 (a)-(c) above to its Designated Branch.
2. Transaction Services and Channels
2.1 You shall render the following transaction services to Customers, as defined in this Agreement, and FirstBank reserves the right to add to or subtract from the list of services authorized
- Cash Deposits
- Cash Withdrawals
- Airtime Top-up
- Bills Payments
- Funds Transfer Services
- Balance Enquiry
- Account Opening
- BVN Capture
- Any other transactions/service approved by FirstBank in writing.
2.2 You shall render the approved transaction services to Customers using only the following approved transaction channels:
• POS terminal supplied by FirstBank for Agent Banking services only (i.e. connected to the Agent Banking platform).
• The FirstBank USSD string connected to the Agent Banking platform, accessible via the Agent’s device.
The downloaded mobile application connected to the Agent Banking platform, accessible through the Agent’s device
APPENDIX 2
KEY CHARACTERISTICS
Particulars Agent Category
Registered Business Non-Registered Business
Transaction Limit 1,000,000 500,000