Terms of Use

Parties to this Agreement

This Agreement is a contract between you (“You”, “Your”) and Linth Integrated Services Ltd (“PhastMoney”, “We”, “Us”, “Our”) (each individually a “Party”, and collectively the “Parties”. This Agreement is a legally binding agreement between You and PhastMoney governing Your non-transferable (unless with Our prior written consent) use of the PhastMoney App, PhastMoney website, and any features and products that PhastMoney may make available to You through the PhastMoney application or website (collectively, the “Services”).

Which country's law and courts apply?

Except as expressly provided otherwise, this Agreement is governed by, and will be construed under the laws of the Federal Republic of Nigeria. In the event of a dispute, this Agreement shall be subject to the jurisdiction of the courts of the Federal Republic of Nigeria.

In this Agreement, there are five sections:

1. Customers Consent

   These terms are more specific to the consent You give and the terms of payment. They include terms like consent to Disclosures, consent to transfer data, Interest payments, Delinquency and defaults.
   

2. Our Lending Terms:

   This contains terms and conditions in relation to the loans You take while using Your account

3. Our Savings/Investments Terms:

   This contains the terms and conditions that are more specific to Your savings/investments.

4. Our Payment Terms

   This contains the terms and conditions on how you make payments from and into your account as well as how You can make scheduled payments using Your account.

5. General Terms

   This contains terms and conditions that are central to how You and PhastMoney work together.

Definitions

In this agreement, the terms: “You”, “Your”, “Customer”,shall mean the person who applied for this Account and agrees to this Agreement while “We”, “Us” and “Our” shall mean PhastMoney, and following an assignment, any person, company or bank to whom the rights and/or obligations of PhastMoney have been assigned.

1. Account

   means Your account with PhastMoney;

2. Disbursement Date

   means the date PhastMoney advanced the loan to Your Account.

3. Payment Due Date

   means the expected repayment date as stated in the repayment schedule after the loan has been disbursed.

4. Last Payment Date

   means the expected loan closure date.

5. Credit Limit

   means the maximum credit available to You on opening an account with PhastMoney.

6. Loan

   means the amount advanced to You by PhastMoney, which shall be no less than ₦5,000.00 (Five Thousand Naira only).

Customer's Consent

By ticking the “I agree to the Terms and Conditions”,on this site/PhastMoney app which You hereby adopt as Your electronic signature, You consent and agree that:

1. We can provide materials and other information about Your legal rights and duties to You electronically

2. We are authorized to share, receive and use data/information collected from Your transaction with other affiliated third parties. You consent to Our transferring Your data to recipients in foreign countries to process such data. You are aware of the risks involved in such transfer to such foreign countries and that such transfer is required for the performance of Our contract with You.

3. You hereby expressly consent and authorize PhastMoney to debit Your Account and/or authorize Us or any of Our duly authorized agent or partner to debit Your designated salary account, or any other bank account linked to Your Bank Verification Number (“BVN”), for repaying the Loan with applicable interest as and when due.

4. To access payroll-related offers, You have expressly consented and authorized Us to verify Your salary details with Your employer and/or Your employer's appointed salary processors without further recourse to You.

5. You authorize PhastMoney to periodically review Your credit report and You understand that this Account may be subject to transaction fees and default fees.

6. Your electronic signature on this Agreements has the same effect as if You signed them using ink on paper or any other physical means.

7. PhastMoney reserves the right to transfer or assign its rights and obligations under this Agreement to its affiliates or to a third party and You consent to PhastMoney's transfer or assignment of this Agreement to its affiliates or a third party.

8. We can send all important communications, billing statements and demand notes and reminders (collectively referred to as “Disclosures”) to You electronically via our website or to an email address that You provide to Us while applying for this Loan.

9. We will alert You when the Disclosures are available, by sending You an electronic communication.

10. Our email will tell You how You can view the Disclosures.

11. We will make the Disclosures available to You from the date it first becomes available, or the date we send You the email to alert You that it is available.

12. You will be able to print a copy of the Disclosure or download the information for Your records.

13. This consent applies to this transaction, to all future Disclosures on this Account, to all future transactions in which You use the PhastMoney payment option with Us, at any time, and to other Disclosures that We provide to You by email, unless You have, prior to such transaction, withdrawn Your consent by the procedure mentioned below.

By consenting, You agree that electronic Disclosures have the same meaning and effect as if We provided paper Disclosures to You as We are required to do so. When we send You an email alerting You that the Disclosures are available electronically and make it available online, that shall have the same meaning and effect as if We provided paper Disclosures to You, whether or not You choose to view the Disclosures, unless You had previously withdrawn Your consent to receive Disclosures electronically.

Conditions for use of PhastMoney Account

To use the Account –

1. You must:
   (a) accept and agree to these Terms and Conditions;
   (b) register with us on the PhastMoney app;
   (c) be a Nigerian citizen (or a legal Nigerian resident) of at least 18 years of age;
   (d) provide all information as may be requested by Us, such as Your name, email address, mobile device number, online credentials for Your bank account, and such other information as We may request from time to time (collectively, “Customer Information”)

2. You represent and warrant that all Customer Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your Customer Information.

3. You agree to promptly notify Us of changes to Your Customer Information by updating your profile on the PhastMoney app and to notify Us at least five business days before any changes to Your bank account information, including, but not limited to, the closure of Your bank account for any reason.

4. If We approve Your registration, You will be authorized to use the Account, subject to these terms – ‍
   (i) For Our compliance purposes and to provide the Account services to You, You hereby authorize Us to, directly or through a third-party, obtain, verify, and record information and documentation that helps Us verify Your identity and bank account information.
   ‍ (ii) When You register for the Account and from time to time thereafter, We may require You to provide and/or confirm information and documentation that will allow Us to identify You, such as:
   (a). A copy of Your government-issued photo ID, such as a national ID, international passport, permanent voter's card or driver's license;
   (b). A copy of a utility bill, bank statement, affidavit, or another bill, dated within three months of Our request, with Your name and Nigerian street address on it;
   (c). Such other information and documentation that We may require from time to time.

5. By using the Account and providing Customer Information to PhastMoney,You automatically authorize PhastMoney to obtain, directly or indirectly through Our third-party service providers and without any time limit or the requirement to pay any fees, information about You and Your bank account from the financial institution holding Your bank account and other third-party websites and databases as necessary to provide the Account to You. For purposes of such authorization, You hereby grant PhastMoney and Our third-party service providers a limited power of attorney, andYou hereby appoint PhastMoney and Our third-party service providers as Your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for You and in Your name, place, and stead, in any capacities, to access third-party websites, servers, and documents; retrieve information; and use Your Customer Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

6. YOU ACKNOWLEDGE AND AGREE THAT WHEN PHASTMONEY OR OUR THIRD PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, PHASTMONEY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF, OR ON BEHALF OF THE THIRD PARTY.

7. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You.

8. You agree to waive PhastMoney of all liability in relation to any loss or damage You may incur as a result of your registration and use of the Account.

We make no effort to review information obtained from the financial institution holding Your bank account and other third-party web sites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between PhastMoney and Our third-party service providers, PhastMoney owns Your confidential Customer Information.

Our Lending Terms

Your Obligation

1. You agree to pay to PhastMoney, the Loan sum, including any convenience, default or penalty fees, flat interest rate, and other amounts due to PhastMoney charged to You and/or your Account. You also promise to pay these amounts as agreed in this Agreement on or before the Payment Due Date.

2. PhastMoney reserves the right to presume that You have authorized any Loan application made in Your name using this Account. You will be deemed responsible for any unauthorized application using this Account

3. You agree to repay the Loan given to You via direct cash transfer to a bank account listed by PhastMoney, an electronic debit from the card/account You provided on the due date, or through an acceptable electronic channel and/or direct debit mandate/standing instruction. PhastMoney reserves the right to accept early repayment before the Payment DueDate, provided You have given adequate notice and repay the full loan along with the flat interest rate. Loan repayment via electronic debit card may be affected by PhastMoney in the way and manner hereinafter specified-
   (i). We shall charge a processing fee when You set up a new debit card on the Account. In the event the card is expired or about to expire, You will have to obtain a renewed card from Your bank or provide Us with another personal debit card.
   (ii). We shall deduct from the card setup on the Payment Due Date. We will never make any transactions on the card outside of the scheduled loan repayments. In the event of a double repayment initiated in error, We will on a reasonable effort basis process a refund within a reasonable time.
   (iii). You hereby indemnify Us against any losses, liabilities or damages that may arise if You use a third party's card on Your Account without the consent of such third party

4. In the event of a default or insufficiency of funds in Your bank account, You hereby authorize Us to charge any other cards You may have on your Account or profile other than the primary card listed.
   (i). You understand and agree that We do not store card details on Our platform thus card details shall be processed through a secure payment gateway that is PCI DSS compliant.
   (ii). You agree to give PhastMoney authentic and up-to-date personal, social media, phone and financial records about You that We may reasonably request and analyze, from time to time.
   (iii). You agree to pay all costs of collection if PhastMoney takes any action to collect the Loan or take any action in a bankruptcy proceeding filed by or against You. This shall include unless prohibited by applicable law, reasonable attorneys' fees and expenses incurred while collection lasts.
   (iv). You agree not to give Us false information or signatures, electronic or otherwise, at any time.
   (v). You agree to pay a Late Fee or penalty fee as may be provided in this Agreement.
   (vi). You agree to make payments via direct debit on cards or by electronic funds transfer as stated in the application form.
   (vii). You agree to promptly notify PhastMoney if You change Your name, mailing address, e-mail address or telephone number.
   (viii). You hereby agree to honor any other promises that You make in this Agreement.
   (ix). You hereby agree that You will not accept this Account unless You are of legal age and have the capacity to enter into a valid contract.
   (x). Not to use PhastMoney for any act of illegality or criminality and PhastMoney shall not be legally or criminally culpable for any illegality committed by You.

Our Obligation

1. We agree to make available the Loan/credit facility to You of a figure not less than ₦5,000.00 (Five Thousand Naira only).

2. We agree to perform Our obligation under (1) above upon confirmation by Us of Your identity and personal information.

3. To demand repayment from You as at when due.

4. To conduct investigations on You prior to opening an account for You.

5. To use all reasonable and legitimate means to collect the amount extended to You, the default fee, the transaction fees and any other penalty fee maybe imposed on You as a result of the loan.

6. Not to store or save your debit or credit card details given by You during Your application

7. By accepting this terms and conditions, You hereby covenant to repay any outstanding obligation as and when due. In the event that You do not repay any outstanding obligation as agreed, and such obligation becomes delinquent, PhastMoney shall have the right to report the delinquent obligation to the Central Bank of Nigeria through the Credit Risk Management System (“CRMS”) or by any means, and request the CBN to exercise its regulatory powers to direct all banks and other financial institutions under its regulatory purview to set-off Your indebtedness from any money standing to Your credit in any bank account and from any other financial assets they may be holding for Your benefit.

8. You covenant and warrant that PhastMoney shall have power to set-off Your indebtedness under this Agreement from all such monies and funds standing to Your credit/benefit in any and all such accounts or from any other financial assets belonging to You and in the custody of any such bank.

9. You hereby waive any right of confidentiality whether arising under common law or statue or in any other manner whatsoever and irrevocably agree that You shall not argue to the contrary before any court of law, tribunal, administrative authority or any other body acting in any judicial or quasi-judicial capacity

Credit Reference

1. We or Our duly authorized representatives/agents will utilize dedicated Credit Agencies for a credit report on You in considering any application for credit.

2. You authorize Us to access any information available to You as provided by the Credit Agency.

3. You also agree that Your details (excluding the card details) and the Loan application decision may be registered with the Credit Agency.

General Terms

Notices

You agree that We may communicate with You by sending notices, messages, alerts, and statements in relation to this Agreement in the following manner:

1. To the most recent physical address, We hold for You in Our records

2. By delivery to any email address provided by You during the application process.

3. By delivery of an SMS to any mobile telephone number, You have provided to PhastMoney.

4. By posting such a notice on Our website.

5. Through push notifications on Your mobile device

Transaction fees

1. The transaction fee for the use of the PhastMoney Account shall be up to one percent (1%) daily, fixed for the term of the Loan.

2. The transaction fee does not preclude Us from charging default fees, a penalty fee and in the event of any dispute arising from this Agreement – the cost of Litigation/Solicitors' fees

3. The transaction fee may be increased or decreased from time to time by PhastMoney. Such change in Transaction Fee will take effect on Your account following a minimum of fifteen (15) days written notice.

4. A total transaction fee of the term of the Loan shall remain applicable in the event that You liquidate the Loan before expiration.

‍Event of default

1. Default in terms of this Agreement will occur if:
   (a). You fail to make any scheduled repayment in full on or before the payment due date in accordance with the repayment plan given to You by Us when you take a Loan;
   (b). Any representation/information, warranty or assurance made or given by You in connection with the application for use of Your Account or any information or documentation supplied by You is later discovered to be materially incorrect; or
   (c). You do anything which may prejudice our rights in terms of this Agreement or causes Us to suffer any loss or damage.

2. In the event of any default by You subject to clause 1 above –
   (a) We may, without notice to or demand on You (which notice or demand You expressly waives), set-off, appropriate or apply any balance outstanding on Your investment account held by Us, or any indebtedness at any time owed by Us to or for Your account, against Your obligations to PhastMoney, whether or not those obligations have matured.
   (b). We reserve the right to assign Our right, title and interest under the Agreement to an external Collections Agency who will take all reasonable steps to collect the outstanding Loan amount.
   (c). We also reserve the right to institute legal proceedings against You andWe will inform You before such proceedings commence.
   (d). You shall be responsible for all legal costs and expenses incurred by Us in attempting to obtain repayment of any outstanding Loan balance owed by You. Interest on any amount which becomes due and payable shall be charged

Termination of Accounts

1. In addition to Termination by default, We may terminate this Agreement at any time and for any reason subject to the requirements of applicable law.

2. We may terminate Your Account by sending written notice to the address on Your application.

3. If there is no debit or credit on Your Account for twelve (12) consecutive months, We may terminate this Account without notice to You.

4. When Termination arises as a result of the default, You shall not be able to apply for credit in the future.

Closing of an Account

You may request to close Your Account at any time by contacting Us. Your request may take up to 30 business days to process. If You owe any payment to PhastMoney, PhastMoney will not close your Account until that payment has been made, but We may limit Your ability to make additional transactions using Your Account. You may not close Your Account to evade an investigation. You will remain liable for all obligations related to Your Account even after the account is closed. PhastMoney will retain Your information in accordance with our Privacy Policy (available on the PhastMoney website) and any applicable state or federal law, rule or regulation.

‍Limitation of Liability

To the extent not prohibited by law, under no circumstances shall We, Our subsidiaries, partners, or affiliates, be liable to You for:

1. personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use a PhastMoney Account, the Services, Our or Your liabilities to third parties arising from any source; or

2. except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of You or anyone else in connection with the use of a PhastMoney Account or the Services, including, but not limited to, damages arising from Your failure to provide Us with accurate information or a third party's failure to correctly verify such information. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of Us and Our affiliates and suppliers to You for all claims arising out of or related to this Agreement or Your use or inability to use the Services will not exceed the amount of any affected order(s) giving rise to such damages. These limitations will apply even if the above stated remedy fails of its essential purpose.

Miscellaneous

1. This Agreement represents the entire understanding between You and PhastMoney with respect to the subject matter hereof and supersedes any prior agreement. You and PhastMoney acknowledge and agree that the other has not made any representations, warranties or agreements of any kind except as expressly set forth herein.

2. We may amend this Agreement from time to time. If we make any changes to this Agreement that We deem to be material, We will notify You in advance of such changes via the email address associated with Your Account. If you do not agree with the changes, do not use the Services.

3. Notwithstanding any other provision in this Agreement, neither PhastMoney, its affiliates, officers, directors, employees, attorneys or agents shall have any liability with respect to, any claim for any special, indirect, incidental, consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to, a breach of this Agreement.

4. The failure of PhastMoney to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.

5. We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without Your consent. You agree thatWe may appoint third party collections agencies to collect any amounts owing to Us under this Agreement without Your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by Us.

6. You hereby authorize and consent to all lawful access, use or disclosure of Your particulars, data and information in the application by the Us for purposes necessary to provide You with the services.

7. PhastMoney may at any time vary and revise these Terms and Conditions by updating this document. The most updated version of this document will be available for Your review under the “PhastMoney™ Terms and Conditions” link that appears on the PhastMoney website and mobile application.

8. You acknowledge that all intellectual property rights in PhastMoney belongs to PhastMoney or its licensors and that rights in the application/website are licensed (not sold or assigned) to You in accordance with this Agreement, and that you have no rights in, or to, the mobile application/website other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the mobile application in source-code form.

Miscellaneous

You agree to release, indemnify and hold harmless Us, Our affiliates, and Our and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to:

1. Your access to, use of, or inability to use Your PhastMoney Account or the Services;

2. Your breach or alleged breach of this Agreement;

3. Your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of Your employees, contractors, or agents, or a breach of any contracts or other relationships between You and third parties;

4. Your violation of any applicable law; or

5. Your failure to provide and maintain true, accurate, current and complete information in Your PhastMoney Account. You shall cooperate as fully as reasonably required in the defense of any such claim. PhastMoney reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. You agree not to settle any matter without the prior written consent of PhastMoney. For the avoidance of doubt, this indemnification, defense and hold harmless obligation will survive this Agreement and the termination of Your use of the Services.

Keeping in touch

How to contact Us: You can contact Us by using the in-app support feature on the mobile application or by sending an email to [email protected]