عقد حامل المحفظة الإلكترونية
Last updated: August 19, 2024
The User is required to carefully read these terms and conditions before using the Skypay Application.
Preamble:
- This « M-wallet » holder agreement (hereinafter the « Holder Agreement ») defines the terms and conditions for the use and availability of payment services (hereinafter « Payment Services » or « Skypay Services »), provided by PIN Software SARL AU, a limited liability company with a share capital of 10,000 dirhams, registered in the Casablanca Trade Register under No. 468.103, whose headquarters are located at 231 Boulevard Bir Anzarane, Maarif District, Casablanca, Morocco, represented by its Manager (hereinafter referred to as « PIN Software »), acting as the main payment agent, duly authorized by the payment institution Maroc Traitement de Transactions, a Moroccan joint-stock company with a share capital of 51,497,000 dirhams, registered in the Casablanca Trade Register under No. 112.871, headquartered at Espace Perla, Lot No. 22, La Colline, Sidi Maarouf, BP 20270 in Casablanca, Morocco, represented by its CEO (hereinafter « M2T »).
- Access to and use of the Payment Services imply the Client’s full and unconditional acceptance of these terms. These terms are available for consultation and download at any time on the Website.
- This Holder Agreement becomes effective upon the Client’s confirmation (checkbox to accept the terms and conditions of the Holder Agreement in the Skypay Application) when subscribing to Skypay Services. By downloading the Skypay Application and checking the acceptance box, the Client subscribes to Skypay Services and agrees to this Holder Agreement.
- The terms and conditions of this Holder Agreement shall prevail over any other terms contained in any document, unless otherwise expressly agreed in writing. Should one or more clauses of this Holder Agreement be declared null, invalid, or without effect for any reason, the other clauses shall remain fully effective and valid.
- The Holder Agreement shall remain in full force and effect notwithstanding any structural or legal changes to PIN Software, including in the event of a merger, absorption, or demerger, whether or not a new entity is created.
- Finally, any reference to a legal or regulatory provision mentioned in this Holder Agreement shall apply as amended or replaced.
ARTICLE 1: Definitions
The terms used in this Holder Agreement, including in the preamble, when capitalized, have the following meanings, regardless of whether they are used in the singular or plural, unless otherwise specified:
« Skypay Application » or « Application » refers to the application developed by PIN Software, allowing the Client to access features presented by the Payment الحساب, in accordance with these terms.
« ANRF » refers to the National Authority for Financial Intelligence, the Moroccan unit responsible, among other things, for combating money laundering and the financing of terrorism.
« Beneficiary » refers to the recipient of any Transaction initiated by the Client, holder of a Payment الحساب, through Skypay Services, including the Merchant.
« Holder Agreement » refers to this agreement, the preamble, its annexes, and any subsequent amendments made by PIN Software, collectively forming the Holder Agreement.
« Client » refers to any natural person, whether a resident of Morocco or not, holding a Payment الحساب as described in the اتفاقية حساب الدفع.
« Secret Code » refers to the personalized security feature in the form of a unique four-digit (4) numerical code chosen by the Client when subscribing to Skypay Services, which must be entered by the Client whenever instructed to use the Skypay Services.
« Merchant » refers to a merchant, as defined by Law No. 15-95 forming the Commercial Code, who accepts payments through the « Skypay Application.
« Payment الحساب » refers to the unique payment account opened by the Client in accordance with the provisions of the اتفاقية حساب الدفع.
« اتفاقية حساب الدفع » refers to the agreement for opening a Payment الحساب established under Article 10 of Circular No. 7/w/2016 relating to the conditions for providing payment services concluded between M2T and the Client.
« M-wallet Skypay » refers to the payment method marketed by PIN Software as the main payment agent, issued by M2T and linked to a payment account managed by M2T. It allows, at a minimum, the following electronic and dematerialized operations:
- Person-to-person money transfers;
- Merchant payment operations;
- Cash withdrawal and deposit operations. In addition to the above, the »M-wallet Skypay» allows for a set of operations under the terms and conditions set by M2T and PIN Software.
« M2T » refers to the company Maroc Traitement de Transactions, authorized by Bank Al Maghrib as a payment institution by decision of the Governor of Bank Al Maghrib under No. 74, dated May 4, 2018.
« Parties » refers collectively to PIN Software and the Client.
« Identity Document » refers to the following valid identification documents: national identity card for Moroccan citizens, residence card, or passport for foreign nationals.
« Payment Services » or « Skypay Services » refers to the range of services detailed in Article 7 below, offered to the Client for managing their Payment الحساب and conducting Transactions.
« Website » refers to the website accessible via the URL www.skypay.ma, which provides all relevant information about the Payment الحساب and Skypay Services.
« Transaction » refers to all operations (deposit, withdrawal, payment operation, money transfer, or others) carried out using Skypay Services and the Payment الحساب.
ARTICLE 2: Purpose
2.1 This document constitutes the Holder Agreement that governs the terms under which the services provided by PIN Software, in its capacity as the principal payment agent of M2T, are made available and used.
2.2 Skypay Services facilitate the execution of Transactions via a mobile phone with an active national mobile phone number and internet access. The Client is responsible for any internet access fees and potential communication costs.
2.3 The Client agrees to comply with the provisions of this Holder Agreement and any subsequent amendments that may arise regarding the use of the Payment الحساب and the execution of Transactions.
ARTICLE 3: Amendments
3.1 Any legislative or regulatory measure that results in the modification of all or part of this Holder Agreement shall apply as soon as it comes into effect.
3.2 Furthermore, this Holder Agreement may be subject to substantial amendments, particularly to better meet Client satisfaction and/or adapt to technical developments. Such amendments will be communicated to the Client by any means or medium of information, no later than one (1) month prior to their effective date.
3.3 In the event of disagreement with the amendments, the Client shall have a period of fifteen (15) days before their effective date to terminate the Agreement. After this period, the Client will be deemed to have fully accepted the amended Holder Agreement.
ARTICLE 4: Duration and Effective Date of the Agreement
4.1 This Holder Agreement is entered into for an indefinite period. It comes into effect on the date the Client opens a Payment الحساب and accepts the terms of this Holder Agreement.
4.2 This Holder Agreement will terminate upon the closure of the Client’s Payment الحساب, in accordance with the conditions stipulated in the اتفاقية حساب الدفع.
ARTICLE 5: Description of Skypay Services
5.1 The Payment الحساب allows the Client to access Skypay Services available at the time of opening the Payment الحساب, including:
- Cash deposits and withdrawals;
- Payments to Merchants;
- Fund transfers to any person, to another Payment الحساب, via the Skypay Application;
- Fund transfers to any person, to the payment account of another payment institution, via the Skypay Application;
- Fund transfers via bank transfer to a bank account, using the Beneficiary’s bank account details, via the Skypay Application;
- Receiving funds from a Payment الحساب, the payment account of another payment institution, or a bank account;
- Access to the Transaction history. The Client can check their balance and view the history of operations recorded on their Payment الحساب at any time and free of charge. The balance and Transaction history are updated in real-time and instantly via the Skypay Application.
5.2 Transactions can only be carried out within the limit of the available balance on the Client’s Payment الحساب, including fees, and within the ceilings set for each level of the Payment الحساب.
5.3 All Transactions performed on the Payment الحساب are conducted in cash using the local currency, the dirham.
5.4 Any payment, withdrawal, or transfer Transaction carried out by the Client will be summarized, detailing the inputted information and applied fees. The Client is required to validate this summary using their Secret Code to authorize the Transaction. This validation confirms the acceptance of the applied fees and the accuracy of the entered information. Once validated by the Secret Code, PIN Software disclaims any liability for input errors made by the Client, and no cancellation or correction can be made.
5.5 The Payment الحساب may not, under any circumstances, show a negative balance. Therefore, before initiating any Transaction, the Client must ensure that the Payment الحساب holds a sufficient and available balance, including any previously authorized Transactions. To this end, PIN Software reserves the right to reject any Client order that would cause the Payment الحساب to go into a negative balance.
5.6 PIN Software reserves the right to modify Skypay Services available on the Skypay Application at any time, including adding new services or functionalities in line with technological advancements, or removing existing services or functionalities. Any removal will be made without prejudice to the Client.
5.7 PIN Software will inform the Client without delay via SMS in case of any outages or unavailability of Skypay Services.
ARTICLE 6: الحماية and Confidentiality
6.1 To ensure the confidentiality of access to Skypay Services, the identification procedure is based on the entry of the Secret Code. The validation of each Transaction must be confirmed by entering a one-time OTP (One Time Password) sent via SMS by M2T. The confirmation of a Transaction using this OTP irrevocably releases PIN Software from any liability.
6.2 The Client is responsible for the confidentiality of their Secret Code and for all Transactions carried out on their Payment الحساب involving the use of their Secret Code. It is advised not to share the Secret Code with third parties; it must be kept confidential and under no circumstances should it be written down on any document. The Client must also take all necessary precautions to ensure the confidentiality of access to their mobile phone. The Client must ensure that the Secret Code is always entered out of sight of any individual. Failure to comply with these instructions irrevocably releases PIN Software from any liability in the event of fraudulent use of the Secret Code.
6.3 PIN Software is not liable to the Client for any errors, omissions, interruptions, or delays in operations resulting from unauthorized access to the Payment الحساب and Skypay Services.
6.4 If, at any time, the Client becomes aware of the loss or theft of the mobile phone associated with their Payment الحساب, or of any misappropriation or unauthorized use of their personalized security data, fraudulent use, or misuse of Skypay Services, the Client must immediately inform PIN Software’s customer service and request the blocking of their Payment الحساب. The Client must provide the reasons for requesting the block. Failure to notify will render the Client responsible for all Transactions that occur until the Secret Code is blocked.
This request must be made by email, including the Client’s phone number and a copy of their identification, to the email address support@skypay.ma. The Client may also request an emergency block by phone at 05 21 115 116. The Client’s request will be processed within a maximum of 24 hours during PIN Software’s business days.
Only the Client (or their legal representative, with proof of authority) can initiate such a request.
ARTICLE 7: Liability and Limitation of Liability
7.1 PIN Software commits to ensuring that the terms of managing the Payment الحساب and Skypay Services comply with applicable laws and regulations governing payment institutions in Morocco. In this regard, PIN Software reserves the right to amend the operational terms of the Payment الحساب, as well as the Skypay Services and this Holder Agreement at any time to comply with current regulatory and legal requirements.
7.2 To optimize its service, PIN Software agrees to implement all reasonable measures to ensure the proper functioning of Skypay Services and the diligent and timely execution of Transactions initiated by the Client. Accordingly, PIN Software will make commercially reasonable efforts to execute the money transfer to the designated Beneficiary in accordance with the Client’s instructions. In the event of a delay or improper execution of the transfer resulting from an error or negligence on the part of PIN Software, its sole obligation to the Client is to correct the error or refund the requested transfer amount along with any applicable fees, in accordance with the aforementioned pricing conditions.
7.3 PIN Software disclaims any liability, in any manner whatsoever, for losses resulting from the Client’s improper handling of the mobile device hosting the Skypay Application, malfunction of that device, as well as for any malfunction of the Payment الحساب or delays in the mobile network resulting from events beyond PIN Software’s control, such as hardware failures or interruptions of Skypay Services caused by fortuitous circumstances or force majeure. This list is indicative and not exhaustive.
The Client is also responsible for the accuracy of the phone number of the Beneficiary as well as the transaction amount entered. Indeed, once validated, transactions are irreversible.
7.4 The Client shall be held responsible and shall indemnify PIN Software against any claims, lawsuits, judgments, enforcement actions, liabilities, losses, damages, costs, and expenses arising from or related to:
- Non-compliance by the Client with these provisions;
- Transmission of incomplete or inaccurate information by the Client; and
- Any action taken by PIN Software at the request of the Client, including any money transfer conducted pursuant to this Agreement.
7.5 In this regard, the Client declares that:
- The documents and supporting evidence provided for the opening of the Payment الحساب and throughout the duration of the اتفاقية حساب الدفع are accurate, regular, and sincere as of the date they are submitted. Any changes to the identification documents and supporting evidence provided must be notified to PIN Software without delay.
- The Client has received a copy of this Holder Agreement and declares full and unconditional adherence to its terms without any reservation or restriction.
ARTICLE 8: Prohibited Use of the Payment الحساب
8.1 The Client is prohibited from using the Payment الحساب for the purchase of goods or services related to illegal activities, actions contrary to public order, or good morals, including but not limited to the following activities:
- Those characterized as directly or indirectly threatening, abusive, defamatory, discriminatory, racist, xenophobic, homophobic, or damaging to the honor or reputation of others;
- Degrading or undermining human dignity;
- Inciting the commission of an offense, a misdemeanor, a crime, or an act of terrorism, or glorifying war crimes or crimes against humanity;
- Offering or proposing unauthorized online gambling and betting services in accordance with regulations (including, where applicable, instant win services) or gambling services prohibited by regulation that require financial sacrifice from the player and could lead to the belief of a chance of winning of any nature;
- Allowing third parties to directly or indirectly procure illicit substances or products;
- Engaging in activities subject to specific legal regimes and conducted in violation of that regime (e.g., tourism agents, medical professions, legal professions, etc.);
- Related to the acquisition, use, or transfer of cryptocurrencies.
8.2 Furthermore, PIN Software reserves the right to refuse certain activities at its discretion based on their controversial nature and/or the significant number of frauds they are subject to. Activities that are explicitly refused include, but are not limited to:
- The sale of cannabidiol (CBD) or products containing it;
- Peer-to-peer lending, including tontines;
- Cultural associations or groups lacking legal personality and/or whose practices and activities are controversial in terms of good morals; and
- De facto companies or those without legal personality.
In the event of using the Skypay Services for the purchase of products or services arising from the aforementioned activities, the Payment الحساب will be closed.
8.3 The use of the Payment الحساب for cash management between different accounts or means of payment is expressly prohibited. « Round-trip» transactions, particularly between a deferred debit account and an immediate debit account, constitute an abusive use of Skypay Services. In the case of repeated recourse to such transactions, PIN Software reserves the right to close the Client’s Payment الحساب.
8.4 The Client can obtain more information on the usage limits of their Payment الحساب by contacting PIN Software’s customer service at the email address support@skypay.ma.
ARTICLE 9: الرسوم
9.1 Any Transaction recorded on the Payment الحساب will incur various fees, commissions, or margins in accordance with the pricing conditions displayed on the following page: https://www.skypay.ma/pricing. The Client is required to familiarize themselves with these conditions at the time of opening the Payment الحساب and, at the latest, before concluding Transactions. These conditions are deemed accepted by the Client unless otherwise stated.
9.2 Certain Skypay Services are provided to Clients free of charge, specifically:
- Opening of the Payment الحساب;
- Cash deposits;
- Consultation of the balance and transaction history; and
- Termination of the Payment الحساب in accordance with the provisions of Article 6 herein.
9.3 In the event of changes to the aforementioned pricing conditions, the Client’s acceptance will result from their decision to initiate Transactions subject to the new pricing.
9.4 Commissions and fees are subject to value-added tax (VAT) as well as stamp duty. They will be automatically deducted from the Client’s Payment الحساب in accordance with the applicable tax regulations.
ARTICLE 10: Complaint Management Procedures
10.1 For any inquiries or complaints related to this Contract, the Client is encouraged to contact the support service of PIN Software via email at support@skypay.ma or by phone at 05 21 115 116.
10.2 Regarding complaints related to Skypay Services, a response will be provided to the Client within fifteen (15) business days following the receipt of their complaint. However, if additional time is necessary to respond, PIN Software will send an interim response explaining the delay and specifying the ultimate response date. In any case, the Client will receive a final response no later than thirty-five (35) business days following the receipt of their complaint.
10.3 PIN Software commits to handling Client complaints according to the nature of the complaint presented, in accordance with the provisions established by Bank Al-Maghrib concerning complaint processing.
10.4 PIN Software implements a system to ensure the traceability of received and processed complaints.
ARTICLE 11: Use of Personal Data and Privacy Policy
PIN Software places the utmost importance on the Client’s privacy. However, for the management of the Client’s Payment الحساب and the execution of this Agreement, PIN Software is required to process certain personal data of the Client, including, but not limited to, name, address, and phone number. The processing of this data, conducted in accordance with the provisions of Law No. 09-08 concerning the protection of individuals regarding the processing of personal data, includes:
- Collection;
- Recording;
- Storage of personal data for a duration not exceeding that necessary for the purposes for which they are collected or processed;
- Any other general processing including all transfers by PIN Software to M2T, its subsidiaries, as well as the companies in its group, its business partners, its advisors, its subcontractors, and judicial authorities.
The Client expressly acknowledges and agrees without reservation that their data is intended for PIN Software and is subject to processing operations for the management of their Payment الحساب and the execution of this Agreement, as follows:
11.1 Collection and Use of Data
PIN Software collects « non-personal data » and « personal data » to provide and measure the use of our services and improve them over time.
When the Client creates or configures a Payment الحساب, they provide personal information such as name, address, phone number, and password. The Client can modify some of this information and add optional additional information in the Payment الحساب settings, provided they present the relevant documentation for these changes. By signing up, the Client authorizes PIN Software to collect, store, and use this personal data in accordance with this privacy policy.
Additionally, as part of the use of Skypay Services, particularly when sending money, PIN Software may collect additional personal information to facilitate Transactions and comply with the law. The Client may oppose the processing of personal data concerning them, provided they can justify it with a legitimate reason. However, this refusal or failure to provide this data may prevent PIN Software from processing requests and executing the Client’s orders.
In the context of improving service quality, PIN Software may track information provided by the Client’s browser or by its Skypay Services when the Client uses these payment services, such as the last website visited by the Client, the type of browser used by the Client, how the Client interacts with links through the Skypay Services, the time and date of access, and other information that does not personally identify the Client. PIN Software tracks this information using cookies or small text files, which include a unique and anonymous identifier. Cookies are sent to the Client’s browser from PIN Software servers and are stored on the Client’s hard drive. Sending a cookie to a Client’s browser allows PIN Software to collect non-personal information about that Client and keep a record of the Client’s preferences when using the Skypay Services, both on an individual and aggregate basis. The Client can configure their browser by modifying its options to stop accepting cookies or to be alerted before accepting a cookie from the websites they visit. PIN Software collects this data to help improve its services, including advertising and to be able to share aggregate statistics.
Finally, PIN Software uses a variety of services hosted by third parties to help provide and understand the use of the Skypay Services, such as Google Analytics. These services may collect information sent by the Client’s browser, such as cookies or the Client’s IP address.
11.2 Sharing Information and Disclosure
PIN Software only discloses the Client’s data under the following circumstances:
- PIN Software may share or disclose the Client’s information with their consent, such as when they use a third-party web application to access their Payment الحساب.
- PIN Software engages trusted third-party agents to perform functions and provide services on behalf of PIN Software. PIN Software may share the Client’s personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and under obligations reflecting the protections of this privacy policy.
- The personal data collected from Clients may be transmitted to M2T and national and international money transfer partners.
- Identity document scanning and facial recognition operations during the opening of the Payment الحساب are carried out in partnership with Indatacore. The solutions provided by Indatacore are certified by Bank-Al-Maghrib. The biometric processing of the Client’s face, captured during the real-time life verification, performed by Indatacore, confirms the unique identification of an individual based on their physical, physiological, or behavioral characteristics. This processing also verifies the « living» status of the Client to ensure they have not been subject to physical or digital alteration. It is understood that this biometric data, considered sensitive data by the National Commission for the Control of Personal Data Protection (CNDP), has been duly declared to this body by Indatacore. It is reminded that PIN Software is neither authorized to store nor process this biometric information.
- The personal data collected may be transmitted to competent administrative and judicial authorities, conventional service providers in case of litigation (lawyers, experts), concerned services or authorized agents of the general tax department, the Customs and Indirect Taxes Administration, Bank Al Maghrib, ANRF, the Foreign Exchange Office, and various public bodies authorized to receive them, and services responsible for control (auditors, auditors, services in charge of internal or external control procedures) in accordance with the transfer request submitted to the CNDP.
- If PIN Software, or the majority of our assets, is acquired, or in the event that PIN Software withdraws from business or is subject to liquidation proceedings, the personal data of Clients would be one of the transferable assets acquired by a third party. The Client acknowledges that these transfers may occur, and that any acquirer of PIN Software may continue to use their personal data according to this policy.
- PIN Software reserves the right to share or disclose aggregated or otherwise non-personal and non-private Client information, such as the number of Clients or the volume of transfers.
11.3 Client Consent
The Client expressly acknowledges and agrees without reservation to all the points mentioned above and confirms to be fully informed by these:
- Of the purposes for which the processing of their personal data is intended, notably for the management of their Payment الحساب and the execution of this Agreement; and
- Of all the rights granted to them by Law No. 09-08, particularly the right of access, rectification, and opposition. To do this, the Client must send an email to support@skypay.ma or a written letter with acknowledgment of receipt to the customer service of PIN Software at the following address: 231, Boulevard Bir Anzarane, Quartier Maarif, Casablanca, Morocco, mentioning in the subject of the letter « Personal Data Skypay ».
The Client expressly and unreservedly gives their free, specific, and informed consent for the mentioned processing, notably to receive direct communications via automated calls, fax, email, or any other means using similar technology, to be informed about other offers of products and services similar to those subscribed to in the Agreement.
The Client is informed that their conversation with PIN Software’s customer service may be recorded by the latter and studied to improve the quality of the service provided and/or for the purposes of proving the Client’s consent to an offer or service. They expressly and unreservedly consent that their voice and responses be recorded during the conversation.
11.4 Personal Data of Passenger Clients
PIN Software collects, in the context of operations initiated by its Clients, the personal data of passenger clients, notably the Beneficiaries, to ensure Skypay Services.
The Client will be responsible to PIN Software for all processing of the personal data of the passenger client benefiting from operations initiated by the Client in the context of Skypay Services. In this regard, the responsibility of PIN Software will not be sought, and PIN Software will not be troubled by any claim from the passenger client.
For the personal data of passenger clients, just like this personal data, the Client, to exercise the rights of access, rectification, and opposition in accordance with the provisions of Law 09-08, may send an email to support@skypay.ma or send a written letter with acknowledgment of receipt to the customer service of PIN Software at the following address: 231, Boulevard Bir Anzarane, Quartier Maarif, Casablanca, Morocco, mentioning in the subject of the letter « Personal Data». For this purpose, the Client must provide PIN Software with their name, surname, phone number, and a copy of their identity document. They will receive a response from PIN Software at the address they have communicated.
ARTICLE 12: Combating Money Laundering and Terrorism Financing
12.1 Clients are informed that PIN Software and M2T are subject to obligations related to the fight against money laundering and the financing of terrorism.
12.2 PIN Software is thus bound by vigilance obligations (identification of Clients and, where applicable, the Beneficial Owners of the business relationship; gathering information regarding the purpose and nature of the business relationship; exercising constant vigilance over the business relationship) and reporting suspicious activities to the competent authorities. Consequently, the Client guarantees the accuracy and truthfulness of all information and documents provided regarding their identity.
PIN Software may require, during the business relationship, the execution of any operation to be contingent upon the communication of elements deemed necessary to fulfill its obligations concerning the fight against money laundering and the financing of terrorism.
12.3 The Client agrees, through this Holder Agreement, to do everything necessary to enable PIN Software to conduct a thorough examination of operations, to inform it of any changes to their professional, financial, or personal situation, and to provide any supporting documents upon first request.
The Client is informed that PIN Software will not execute any operation or establish or continue any business relationship if it cannot identify a Beneficiary or obtain information about the purpose and nature of the business relationship. The Client declares that they have taken note of the provisions of Law No. 43-05 concerning the fight against money laundering and the financing of terrorism, as amended and supplemented, and of any updates to the applicable regulations. The Client declares that the origin of the funds deposited into their Payment الحساب is lawful and does not originate from any activities mentioned in the Penal Code or any other legislation applicable to the fight against money laundering and the financing of terrorism. The Client also acknowledges that PIN Software may terminate or suspend access to a Payment الحساب in the absence of sufficient information regarding its purpose or nature. They are informed that an operation conducted under these terms may be subject to the right of communication to the ANRF (National Financial Intelligence Unit), and acknowledge that PIN Software may be required to communicate any information related to their identification or operations to any competent authority in case of doubt about the origin or legality of the Transaction initiated by them.
The Client agrees that the operations initiated by them on their Payment الحساب shall not serve, directly or indirectly, as a means for concealing or diverting illegal or suspicious activities.
12.4 No legal proceedings or civil liability actions may be brought, nor may any professional sanctions be imposed against PIN Software, its executives, or its agents who have made good faith suspicious activity reports to the ANRF.
ARTICLE 13: Termination
13.1 The Client may terminate this Holder Agreement at any time without any fees or compensation of any kind by sending a signed and notarized termination request for the Bank الحساب to the following postal address: PIN Software, Step 2, No. 5, 231 Boulevard Bir Anzarane, Quartier Maarif, Casablanca, Morocco.
The Client’s request will be processed within a maximum of thirty (30) calendar days.
Before making this request, the Client should transfer the funds credited to their Payment الحساب to a personal bank account. This transfer may, in some cases, be blocked in accordance with legislation related to the fight against money laundering and the financing of terrorism.
13.2 PIN Software also reserves the right to terminate this Holder Agreement automatically and to proceed with the closure of the Payment الحساب, without notice and without prior formal notice in all cases where it is exempted by law and applicable regulations, including:
- in case of false declaration or provision of inaccurate information;
- in case of use of the Payment الحساب for fraudulent or illegal purposes;
- at the request of competent authorities; and
- in case of inactivity on the Payment الحساب for a period of twelve (12) months.
Furthermore, PIN Software reserves the right to terminate this Holder Agreement without prior notice or compensation in case of non-compliance with the provisions of this Holder Agreement and/or the اتفاقية حساب الدفع. In such cases, the Client will be informed by any means deemed appropriate.
13.3 Following the termination and after the finalization of ongoing payment operations, PIN Software will close the Client’s Payment الحساب and transfer the available funds from the Payment الحساب to the bank account indicated by the Client. The bank details will be requested from the Client via the Skypay Application following the termination.
ARTICLE 14: Governing Law – Dispute Resolution
14.1 This Holder Agreement is governed by the laws in force in the Kingdom of Morocco.
14.2 In case of a dispute, the Parties agree to seek an amicable settlement within one (1) month from the date of notification of a dispute by one Party to the other. The Client is encouraged to contact PIN Software’s customer service via email at support@skypay.ma or by phone at the following number: 05 21 115 116.
14.3 In the absence of an amicable agreement, any dispute or difference arising or to arise between the parties regarding the interpretation, execution, or termination of the Contract must be submitted by the Client to the Mediator of the Moroccan Banking Mediation Center (CMMB) (the « Mediator »), located at the corner of Avenue Hassan II and Ahmed Touki Street, BP 15807 Casa Principal, Casablanca 20080, in accordance with the mediation rules to which they agree.
For the purposes of mediation, the Client hereby authorizes PIN Software to communicate to the Mediator all documents or information useful for the accomplishment of its mission, it being specified that this authorization allows PIN Software to lift professional secrecy and confidentiality of personal data.
The Client is free to accept or refuse the Mediator’s proposal. In case of acceptance, the Client must renounce taking legal action for the same matter. The Mediator’s proposal will be endorsed by PIN Software in accordance with the mediation charter.
14.4 In the absence of an agreement between the Parties on resolving the dispute through mediation, the parties declare that the competent court will have jurisdiction.
ARTICLE 15: Translation and Interpretation
In case of discrepancies between the various translations of this Holder Agreement, where applicable, the French version will prevail. All interpretations and resolutions of disputes will be based on the French version of these documents.
ARTICLE 16: Agreement
By subscribing to the Skypay Services, the Client acknowledges that they have read, understood, and accepted the terms and conditions of this Holder Agreement. The Client also confirms that they are able to print or download a copy of this Holder Agreement.
ARTICLE 16: وسائل الاتصال
For any questions regarding this Holder Agreement, the Client can contact PIN Software:
- By email at: support@skypay.ma
- By phone at: 05 21 115 116
- By visiting the following website: https://www.skypay.ma