PLEASE READ THIS AGREEMENT CAREFULLY

THE FOLLOWING DESCRIBES THE TERMS ON WHICH REMITA OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and Systemspecs and applies to your use of the Remita payment and schedule transfer services.

You must read, agree with, and accept the terms and conditions contained in this Agreement, before you may become a user of Remita.

For additional information about the Service and how it works, please also consult the Remita Help Center.

We may amend this Agreement at any time by posting the amended terms on www.remita.net. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Remita," "we" or "our" will refer collectively to Remita and SystemSpecs.

This Agreement was last modified on October 9, 2007.

1.0      Eligibility.

In order to use the Service, you must register for a Personal or Corporate profile. Users may hold a Personal profile or a Corporate profile. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable Nigerian law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of risk.

2.0      The Legal Relationship between You and Remita.

2.1 Agency Relationship.
Remita acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. You acknowledge that

(i) Remita is not a bank and the Service is a payment processing service rather than a banking service, and

(ii) Remita is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and executioner of your instructions.

By initiating and sending payments through the Service, you appoint Remita as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and restrictions of this Agreement. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.

2.2 Remita is only a Payment Service Provider.

Remita acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

2.3 Identity Authentication.

We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Remita, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include verifying the information you provide against third party databases.

2.5 No Warranty.

WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Remita shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, Remita Cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system.

2.6 Limitation of Liability.

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

2.7 Indemnification.

You agree to indemnify and hold Remita, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

2.8 Liability for Violations of the Acceptable Use Policy.

If you engage in the following behavior, Remita may fine you, as explained below.

Using the Remita service to receive payments for any sexually oriented or obscene materials or services in violation of Remita’s Mature Audiences Policy.

Using the Remita service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of Remita’s Prescription Drugs and Devices Policy or the Drugs and Drug Paraphernalia Policy.

2.9 We understand that payment instructions to our bank by cheques, or any channel other than Remita, will continue to be subjected to all our current mandate instructions and confirmation rules.

2.10 We will ensure appropriate signatories are setup on Remita to approve remittance instructions in accordance with our internal approval rules.  We understand that these approval rules will be applied to all remittance instructions processed on Remita and therefore will not be subjected to telephone, e-mail or any other manual confirmation by the bank before transactions are completed. 

2.11 We will keep confidential all Remita security related information such as passwords, Access Codes and Personal Identification Numbers (PIN).  We understand that SystemSpecs, the bank, their affiliates and service providers will never request us to divulge any of these pieces of information by phone, mail or any other means.  We oblige to report any representation to the contrary to SystemSpecs and/or our bank promptly.

2.12 Except when caused by SystemSpecs’ or the bank’s misconduct or gross negligence, we will make best effort to protect SystemSpecs, the bank, their affiliates and service providers from any/and all third party claims, liability, damages, expenses and costs caused by or arising from use of the service.

3.0      Fees.

All fees will be assessed in the currency of the payment. Your account and all transactions are made and displayed in Naira unless otherwise specified and may be subject to exchange rates. The current fee is N100.00 for each employee Post-Payroll transactions and for each e-Cheque (excluding 5% VAT). All charges are subject to change with one-month notification of such changes.

4.0      Non-Nigeria Use.

To be eligible for an account, you must be resident in Nigeria.

5.0 Removal of Expired Cards. We will notify you of expired Remita cards in your account and provide you the opportunity to update those cards before we remove them as a funding source in your account.

6.0     Sending Payments.

6.1 Sending Payments.

In order to send payments through our Service we require you to provide Remita with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may send with your account. We may require additional information from you depending on your location and other factors. Based on the information you provide, we will determine your Sending Limit. Generally, accounts that only have a confirmed email address and Remita card on file will have a Sending Limit. . Accounts that are verified by adding and confirming a bank account will have no Sending Limit.

6.2 Electronic Transfers.

When you make a payment through Remita that is funded with Instant Transfer or e-Cheque, and when you initiate a Remita transaction you are requesting an electronic transfer from your bank account. Upon such request, Remita will make electronic transfers via InterSwitch from your bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Remita will never make transfers from your bank account without your authorization.

7.0      Your Information and Restricted Activities

7.1 Definition.

"Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

7.2 Restricted Activities.

You oblige that your Information and your activities (including your payments and receipt of payments) through our Service shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools);
(d)violate Remita's Acceptable Use Policy;
(e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
(f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
(g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (h) be obscene or contain child pornography;
(i) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or
(j) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where applicable.

7.3 Trademarks.

remita.net, Remita, and all related logos, products and services described on www.remita.net are either trademarks or registered trademarks of SystemSpecs Limited, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of SystemSpecs. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Remita and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SystemSpecs.

7.4 Access and Interference.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Remita site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Remita by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Remita. If you use, or attempt to use the Service for purposes other than sending and receiving payments and schedules and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution when applicable.

7.5 Privacy and Security.

We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. You should only log in to Remita on a page which begins with http://www.remita.net/. All of our login pages begin with https://login.remita.net/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use our Services.

7.6      Remedies and Remita's Right to Collect From You.

Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:

(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your account or activities pose a significant credit or fraud risk to us;
(d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or
(e) your use of your Remita account is deemed by Remita, Visa, MasterCard, American Express or Discover to constitute abuse of the electronic payment system or a electronic payment rules, including (without limitation), using the Remita system to test Remita card behaviors.

Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your Remita account, In addition, Remita reserves the right to employ other means of verification of authenticity for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds and may thus delay execution of such instruction.

7.7      Assignability.

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Remita. Remita reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

7.8      Legal Compliance.

You shall comply with all applicable Nigerian and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

8.0      Notices.

8.1 Electronic Communications.

You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Remita in electronic form. Electronic Communications may be posted on the pages within the Remita website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.

8.2 Procedure.

Except as explicitly stated otherwise, any notices shall be given by postal mail to SystemSpecs Limited, 136 Lewis Street, Lagos or to our online message center or the email address you provide to Remita during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Remita during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

9.0      Legal Disputes.

In the event a dispute arises between you and Remita, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Remita agree that any controversy or claim at law or equity that arises out of this Agreement or Remita's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, SystemSpecs strongly encourages users first to contact SystemSpecs directly to seek a resolution. SystemSpecs will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

9.1 Arbitration.

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than N100,000.00, you or Remita may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the PACS Solicitors, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9.2 Court.

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Lagos, Nigeria or where the defendant is located (in Remita's case, Lagos, Nigeria, and in your case, your home address or principal place of business). You and Remita agree to submit to the personal jurisdiction of the courts located within Lagos State of Nigeria.

9.3 Violations of Section 9.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to N200,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

10.0 General.

This Agreement is governed by and interpreted under the laws of the  Federal Republic of Nigeria as such laws are applied to agreements entered into and to be performed entirely within Nigeria by Nigerian residents. We pledge to do everything within our power to provide continuous, uninterrupted or secure access to our service. However, operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Remita, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.

Disclosures. The Services are offered by SystemSpecs Limited, located at 136 Lewis Street, Lagos. If you are a Nigerian resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Fees for our services are described in our Fees Policy.